FILED IN MY OFFICEDISTRICT COURT CLERK

4t17 t2015 12.22:15 PMWELDON J. NEFF

DorothY Rowe

STATE OF NEW MEXICO

COLINTY OF SAN TUA}IELEVENI-FI JUDICIAL DISTRICTiI.I THE DISTRICT COURT

JESSE BURKEE,LARTET CFIARLES,GORDON DOUGLAS DERRICK,AAROI{ EATON,CAI.VTN [-'INCH,PAUL GOULD,JOSEPH GUTIERREZ,MARK }IINOJOS,THOMAS KNIGI{1",qURELIO MARQUEZ,LOUIS MARTINEZ,MARK MARTII\.IEZ,R{.]DY MARTINEZ,RICI'IARD McllONr\LD,STEVE PARzuSH,CLIFF'ORD ROGERS,ADAhd SC:HUIISSI.ER,JASON TRLTJtrLLO,

Plaintiil's,V" No. D-1116-CV-2015-00453

SAN JUAN COI]NTY DETENTIO}.{ CENTER T.,SJCDC"),

SAN JUAN COUNTY,coRRFlClloN AL HEALTHCARE COMPANIES, INC. (*CHC"),

SAN JtiAN I{EGIONAL MEDICAL CENTER ("SJRi'IC"),

TI{O1\4AS C, FIAVb:L,INDIVIDUALLY AND AS

ADMINSI]IATOI{, SAN JUANCOUN'T'Y DE,]-FNT[ON CENTER,

Ilefendants.

COIyIE NOW the plaintiffs, hy and through their attomeys L{itchel S. Burns,

Christian A.. Hatfietrl, Tucker, Burns, Yoder & Hatf,reld and cornplain as follorvs:

i.PlaintiffsareindividualresidentsofSanJuanCountywhorvereandare

incarcerated in sJcilc in the SJCIIC betrveen 2013 and the present'

Z. This action is brought on behalf of plaintitl-s to vindicate to vindicate serious

deprivations of their constitutional and state law rights'

3. All ofthe named plaintiffs suffered injuies as a result of insufficient

rnedicai care, severe and deliberate indif,f,erence to their heatrth neecls and violations of their

civil rigtrts under the united states and New lvfexico constitution'

4. A,ll of the events described herein occurred in san Juan County, New

Mexieo.

5. Defendant cFIc is a.Delaware corporation doing business in New Mexico

pursuant to a contract with San.Iuan County to provide medical $are to inmates at the San

Jnan County Detention center cofltract that expired February 17,2014.

6. Def-enilant SJRMC is aNew ivlexico corporation doing business in New

Iv{exico pursuant to a contract with San Juan County to provide medical care to inrnates at

the San Juan County Detention Center frorn Fobruary 17,2014 to present'

7. Defbnriant Havel is ihe Administrator of S.lCRh4O and the proper individual

to be sued under 14 L1.S"C. $ 1983 for deiibsrate indifltrence ani reckless disregard f,or

inrnates' reasonable rnedical care.

g. Def'endants CHC anel SJRMC are prclper entities be sued under 42 U.S-C. $

1983 for deliberately indifferent policies, practices, hahits, customs' procedures, training

and supenision of staff. including of iniJividual Defendauts, r.vith respect to tire prcvision of

medicai care and treatment f,or imnates with serious emergsncy medical needs'

g,!.}e,fendarrtsCFIC,S]RMCareproperlySuedfornegligenceasthey

are private corporations, not entitled to any imrnunity under the Nerv fuIexico Tort Claims

Act.

10'I}e.ferrdantSarrJuanCourrtyisthepublicentityresponsiblefortheSan

Juar: CountY Detention faciliry'

ll.Tortciaimnoticewastimelyanelindividuallysentpursuanttothe}"{ew

MexicoTortClaimsActforeachofther:amedplaintifrs,

17. san Juan cotmrty is the proper party to be sued fbr negligent delegation

of decision-rnaking authority to cr{c dnd sJR}/Itl acting as contractual final delegated

rlecision-rnakers with respect to th+ deliherately indilTerent policies and practices for the

care and treatrnent of persons irrcarcerated in the San Juan County Detention Cenier'

13.SanJuanCarurtyisthepropefypartyresptlnsibletbrthedeliberatei-rl

indifferent and negtrigent actions of its SJCDC employees'

$TAI.FTMqNT Oq.F'APTS

14. on i*for:matio6 and belief, the contract between San Juan County and the

individuat defendants requirerl payment on a per-transport basis for prisoters transported

&om sJCilc tbr n.redical oare; SJCDC intentionally established prncedures and protoceils to

Save money lry not transporting irutates in need of serious roedical care exeept in the most

extrerne circumstrurces.

i5. .fhe inclividual clefelrdants deprive,l plaintiffs of reasonable merlical care

by, inter alia, rcfusing to a[!cr.r, thern to be treated by physicians except in cases of exffeme

urgency ancl relegateri their care to non-medicai professionals'

l6.Asadirecta*dproximateresultoftirewrongfulconductofeacl:ofthe

Det'endants, Piaintiffs have heen suhstantialiy injrued' These injuries include' but are not

liniited to, loss of constitutional dgfuts, physical injuries, irnpainnents and dis{igurentent'

exaeerbalion ofpre-existing mer{ical condition-c" pain, sufibring and emotional distress' anxiety'

shock, sadness. depression. anger, stress, and special darnages for medically lelated

treatrnent cal.rsed by the unconstitutional. negiigent, and atrocious eonduct of tbrese

Defbndants.

JE$9.8 EIJRKEE

lT.BurkeewasincarceratedintlreSJCDCinJtlly2aL4,

18. Burkee infior:ri1erl jail staff he sutl'ererl ftom severe anxiety treated

-,r4th presoribed Cionazepam..

19. Burkee r+as denied cloflazepam or any substitute thereof for forty-

nine days and place,J in isolation based on behaviors associated in"ith withdrawal frorn

his prescribed meclieation and resultant severe social anxiety.

20. prior to November 2{114, SJCI}C staff informed Burhee they planned

to place Burkee back into general population'

ZL. Eurkee intbnned staff that his severe untreated anxiety would likeiy

result in his sulTering a seizure if he was placed back into general population'

22"SJCDCplacedBurkeewasplacedbackintogerreralpopulation.

23. As a result, Burkee sufl-ereil a seizure and ftll, trreaking ibur of his

liont teeth, causing him ssvere pain, sutfering and sevEle emotional distress'

24. Ilurkee was denied nredical treatrnent ftrr his seizue and rnouth

injuries and was insiead removed baek tr: isolation'

25.Burkee,steeth-piecescrfwhic}rweteenrbeddedinthet]eshofhis

mouth-were left untreated ibr approxirnately 48 hours'

23.Afterapproximateiy4gdaysindetention'Burkeewasfinally

prcvided anti-anxiety meili{ration (thr:ugh not Cionazepam)'

LffiP.THABLES

26. Charles rvas incarcerated at the SCJDC'

2T.CharlesinformeclSJCDCstaffthathewassufferingfrom

itrtermittent tremors reiated to a medical condition; despite requests f,or rnedical

treatment, charles was denied appropriate care, resulting in the intermittent i:'emors

becoming Permane,lrt.

2S,Easedonctlrrentmedicalproglosis,Charlesisexpectedtosutler

tlorn lifetinle permanent tremors, x'hich could have heen al'oided by provision of

appropriate medical care.

29"onFebruary2s,Z}Tl,plaintiffCharlesnoteelthatthea.m.

meilication cart nurse sets up medications in advance of mornittg distribution, leading to

mixups in ditferent patients' medications; the nurse also substituted rnedioations wtren

medicatiols ran out, lead,ing to higher or iower dose substitutes, slow release versus fast

acting n:erlication and vice-versa, resulting in inconsist€nt and widely varied medication

doses.

,Q Q RD oN D ou-G LAS-.il.trK.BieK

30"Den"icku,asingarceratedinSJCDCinFebruary2013for

misdemeanor charges that were eventLraily disraisserl"

31'Derrick-tvhoisdisabled--'inforrnedSJCDC.asdidDenick,s

mother, that Deuick *'as disabled, on rnedication, and in need of ongoing meclication

managernent.

32. Despite Derrick's disability and repeated written and oral requests for

medical attention, Den"ick was repeatedly reshained, consisterrtly denied access to

reasonatrle medical care, improperiy medicated, and suffered injuries as a result'

AABQ.!{.EATO.N

33. I-iaton wa"s jailed at SJCDC suffering from bad pains in his groin and

abdomen.

34, Eaion,s mother, Charlene liaton, called jait personnel repeatedly to

request medical care for her son; she and was told that Aaron would have to fill out a

medical request.

35. Eaton fillerl out numerous rnerlical request anrl rvas toid by SJCDC

siaff thai there were too many inmates with medical requests to hr:nor all of them'

36. !-iaton's mother continued to contact jail personnel over the course of

approximately one week to infonn them of her belief that her son was sutTering lrom a

sericlus medisai crisis.

37. Ms. Iiaton finally spoke tith a sergeant cook, who took her

concerns seriousiy and arranged fr:r Eaton to he transpofied to SCR.MC'

3g. At the hospital, merlical persorurel imrnediately identifred arr acute

appenilix crisis and scheduied fiaton for immediate surgery'

36. Eaton suffer-ed for approxirnately five days from an acutte' dangerous

and potentially fatal medical conditions with no care, and exp€rienced intense pain and

suffering.

q4!eEs.rNeg

37. Finch was incareeraterj at the SJCDC'

38.Firrclrsufferedfrombackpairrfromduetoaaspinalcondition

39. Finch infomreel SJCD staff clf persistent healttr problem's, for wldch

SJCDC refused to provide medieai care'

40.duetothelackofreasorrablenredicalcare,Finchsuffered

exacerbation ofpre-existing back pain and injury'

PA{ II, GOULD

41. Gould was incar.cerated al the SCJDC srffering frorn high blood

pressure and other nredical conditions'

42. Goulel was on prescribed meriications, ineluding EtTexor, Abilify and

other prescription medication at the time of his incarceration; Gould requested that staff

a1low him to continue to take his prescribed rledioation, but was elenied essential doctor-

prescribed medicarions, resulting in exacerbaticin of his pre-existing medieal conditioirs'

TO$FFH G-UTIEEBEZ

43, Gutien.ez w.as incarcerated at SJCDC; lre provided a letter frr:nr his

private doctor at UNM Medical Group indicating thal he rvas undergoing ongoing

rnedical care ibr sever chronic illnesses'

44,Gutierrez,;rrivatedoctorrecommendedaCATscananel}vfRldueto

possibie serious complications frorn his rnedical conditions.

45. Gutien"ez requestertr SJCDC altow him to obtain these rnedically

necessary diagnr:stio treatments; those requests were rienied, leading to exacer'bation of

pre-existing conditions, inability to diagnose other medical con'Sitions' and potential

shortening of Plaintiff s trife'

46, Gutierrez also inlbnned statT that he suffered ltotn serious dental

issues and neeelerl oral surgery; SJCIIC' ret-used all requests for oratr surgery or dental

care,

MABK I{INOJOS

47, Ftinojos was detained at sJcDc; during his incarceration, Hinoios'

thumb w'as l:roken by detention center staff'

43.llinojoslvasnotprovi<lerlmecliealgareforhishrokenthumhfor

more than amonth.

49.Asaresult,histhrrmbdidnothealproperlyandmayreqtrire

additional ca.re.

rEqu4sslsffiS0.KfiightwasincarceratedatSJCi}Csufferingfi.onravariety

of medical conditions, including arthritis, scoliosis and hypoglycemia.

51. While incarcerated, Knight fraetureei his thr.rmb and rvas transported

to the emergenoy room at SJRMC. where he was infon'ned that he lvould require

surgefy.

52. Knight lvas schedulerl for sr.rigery, but sJCDC faiied to transport

him ibr his surgery" resulting in exacerhation of his injuty'

53. On or a6out February 23,2015, Knight rvas denied medical attention

for a fever and open sores on his face and mouth'

-54. A{ter requesting rnedieal attentron" Ifuight was offered oniy aspirin

and given no antibiotics oI otllef nredical atter*ion, despite the possibility of severe

infection, and suffered fi.om severe pain and suffering as a result.

55. on January tr i, 2015, Knight also requested eare for broken dentutes"

which was not honored.

euRrj.Lrp M4RCIuii

56. Marquez was incarcerated at SJCDC; Marquez suft-ereil a serious ear

infection rvhile incarceraterl; elespite requests tbr emergency medicai care' Marquez was

not transported fcrr emergency care'

57. When fuIarquez was later allowed to see medicai proftssionals f'or his

ear inf*ction-af1er multiplo requests-he was prescribed saline drops rather than

antibiotics, leading to a resulting major infection, cellulitis, blood poisoning' and

permanent ear damage.

5S.MarqtlezwasfinallytransportedtoSJR]V{Cwhenhisconditiongrew

increasingly serious; there, he was cliagnosed with eellulitis of the ear and put on a

morphine IV drip and given anti-ciouing injections'

59. Jail staff rvere instructed t0 fill Marquez' prescription for antibiotiss

on the 1foay baok frcrn the hospital, but apparently fbrgot, ieaving h'farquez without

antibiotics lbr t*'o {ull days after discharge'

50'Thedelayilrtreatmentresr.rliedinpernranenteardamage,tinnitus

and other injuries"

LOlIIS*ffiB.UN-E?*

5i. Maitinez lvas incarceraied at SJCDC suffering from 1ow blood flow

in his legs, requiring him to weal complession socks to prevent sores, uleers, and blood

clots.

62. Martinez requested to be allowed to wear compression sccks, which

request was denied., resulting in ulcers, sores, and possible staph infection, which have

been present sinco October 2014'

63. Requests for treatment or hospitalization have been denied, despite

this serious medical conditiou.

rYARK h4,5B-TINE):Z

64. Martinez. while incarcerated at SJCDC, was denied prescription

medication, given the incorrect medication, and reftised food, w-hich is strpposed to be

eaten with his medication.

65. On March 3, 2015, jail statlattempted to force fuIartinez to take the

improper medication, which he refused.

KIgg"t4r\BTIIEU

56. RudSr Martiilez was incarceraterl at SJCDC; while incarcerated,

fuferlinez contraeted what the jail diagnosed as scabies; he requested medical care' btrt

was denied.

67 . Marlinez' infectian progresserl" despito multiple requests far medical

attention lbr this highil'q6nlagious condition; the requests were ignored'

6g. Martinez rvas later given Benadryl (an antihistamine) for his

conrlition. ,a'hich hael progressecl tc, the point that ire beeame uurable to use his hand"

RTQHARp- MC-DONAtD

69. Iv{ci}onald was incarcerated at S.ICDC when he noticed what

appeared to be a piinple on his leg, x'-hich he washed with soap and water' then dried'

10

7A. McDona[l was seen try medical stat-f and prescribed antibiotics;

McDonald infonned rnedical staff that he was allergic to sulfa dn-rgs.

71. After taking the prescribed Bactrirn (sulfamethaxazole and

trirnethoprim), lv{cDonald began to suffer rnuscle pain ancl stiffness, tuming to

unbearable pain; his tliroat alsei began to close.

72. Nursing sralf at SJCRh4C gave hdcDonald Benadryl and ibuprcfen

and sent him bactr< to his Pod.

73. By mirlnight, McDonald's condition had worsened to the point where

he was transported to SJ{lllMC.

74. At the hospital, McDonald was given progesterone and retumed to

jail"

75. L{cf}onaid continued to suffer pain, joint stiffness and rnuscle aches;

h{cDonald believes he was poisoned by medical staf,f,at the jail'

76. McDonald tolcl SJCDC staf?he believed he w'as suffering 1}om an

altrergic reaction to the elrug he harl been given'

STEVE-EARRL$IT

?7. Parristr was incarceruted atthe SJCDC anel denieil prescription

rnedication and/or given ineorreet rnedications'

?8. Fanish also developed a skin infection that raras not treated ancl/or

in:properly treated, resulting in a chronic skin condition'

T]LIFFORD ROGERSry

79. Rogers was insarcerated at SJCIIC suffering f,'om hypogl.vcemia.

80" On multiple occasions, itogers was told that the rnedical stat'f'harl run

l1

out of his medication.

81. Rogers rvas prescribed snacks hetween rneals to control his

diabetes/hypr:giycernia (actually hypoglycemia, but the SJDCD staffconsider both to be

..dia6etic snacks" for malagernent of blood sugar levels); multiple times, Rog*rs did not

receive snacks, or receivecl sack lunches (that normally contain snacks that can tre eaten

betrveen meals) with the snacks missing, making Rogers' hypoglycernic condition

worsen and causing him to suffer tremors"

82. Rogers rvas taken to medical to discuss the sack lunch issue; the

nrnse told him that he could take either 4 diabetic snacks ot 2 sack lu60he5-(1ake it or

leave it"-.-despite doctor's orders that Rogers be given the sack lunches with smacks.

83. On Juae zl,z}l4,Rogers suffered a seizlre, rvoke up rvitir blood

surrouncling him and a splitting headache, thea suffered another seizure.

l{ogers submitted multipie requests to be seen by meelical slaff tbr a84.

rash, w'hich, &fter being igncred, progressed to being em open sore and large lump in

Rogers' groin area.

AnaM $c_HltE$_s,l'.Ell

85. Schuessler was incarceratecl at SJCDC; Schuessler r+'as hoth denied

meelication and given the wrong merlication; Schuessler ha*s submitted numerous

requests fur meeiicai care and has !:een consistently been denied medical care, resulting

in exaceriration of his condition and other darnages.

86. Sctruessler put in numergus requests to see Doctar Srnith regarding

changing his moilication, which lvas not functioning effectiveiy, including requests on

(fctober L7,?A14" Decem!:er 27,2014 and had still not seen tire doctor as of the encl rif

t2

February 2015.

87 " Schues.sler rvas also informed that medication prescritred by his

primary care doctor, Dr. Bliss, to help him breathe, would tlot be given to Sctruesler

because it was not on the approved medications list.

88. Sehuessler also suffered from an open wound that appeared to he

infected, possibly lvith MRSA (methicillin-resistant staphylococcus atreus, relatively

coilunon in jails) he was denied medical treatment by medical statf'

J.ASAN TEUJI!.I,Q

89. 't-rujillo was incarcerated at SJCDC with a broken foat with pins

placed in the bones; Truiiilo was to have received follow up sare, but was consistently

denied reasonable medical care and prevented from contacting his doctor, resulting in

exacerbation of his eondition, extended liealing time, possible permanent complications

and other damages.

90. Tmjillo was given the incorect rneelication in February 2015,

making it nearly impossibie iei wake up for neariy three days'

cl,arM$ Hpq,&s},rsH

FIRST CL^AIM FGRRELIEF: VioEationof 42 {J.S.C. $ 1983

Eighth Ailrendment FrohlErition Against Cruel smd [JmusualFunishrnent

9i. Plaintifls hereby incorporate ail other paragraphs of this Cornplaint as

if firlly set forth herein,

42 U.S.C" $ 1983 provides that:

l3

92.

Every person, lvho under color of any statute-. ordinance, regulation,

custom or usage of any state or territory or the District of Columbia

subjects or causes to be subjected any citizen ofthe united States orot}er per,son within the jririsdiction thereof to the deprivation of any

rights, privileges or immunities secured by the constitution and lawshall be liable to the party injured in an action at law, suit in equity, or

other appropriate proceeding for redress . . .

93. Plaintiffs are citizens of the United States; Defendant Havel is a person

for purposes of 4? U.S.C. $ 1983.

94. Plaintiffs had a clearly established right under the Eighth Amendrnent

to be free from deliberate indiffbrence and reckless disregard for known sericus medical

needs.

Defendant Flavel" at atl times relevant hereto, was acting under color

of state law.

96. Havel acted lvith deliberate indifference to Plaintiffs' serious

medical needs and constitutional rights by willfully ignoring plaintiffs' repeated requests

for medical attention and intentionaliy deprived plaintiffs of care.

On infomnation and beliel Havel instmcted SJCDC staffto

95.

9V.

intentionaliy deprivedplaintiffs of constitutional rights and violated SJCDC's internal

policies in order to save money-

98. As a direct and proximate result of defendant's conduc! plaintiffs

suffered eiarnages in an amouot to be determined at trial, including, without lirnitation,

nredical expenses! disfigurernent, impairrnent, eraotional distress, lost earning capacity

and loss of enjcl,ment of life.

Plailrtiffs are entitled to attomeys' fees and costs pursuant to 4299.

14

u.S.C.$1988, pre-judgment interest and costs as allowable by federal larv.

t 00. Plaintiffs also seek appropriate declaratory and injunctive relief

pursuant to 42 U.S.C. $ i983 to redress the ilngoing deliberate indifl'erense in policies,

training and supervision with respect to the serious n'redical needs of patients and

inrnates in violation of the Eighth Amendment of the Constitution.

SBCOND CLAEM F'OIIRELIEF-Iqegfigence

1 01 " Plainti ffs heret:y incorporate all other palagraphs of this Conaplaint as if fully

set forth herein.

102. By their ccmplained of series and paltern of intentionai ac.ti*ns and

inactions, de frscto policies, customs, habits, usages, and delegated final decision makers'

decisions, these Defendants acted or failed to act in bad faith and lvith deliberate

indifference to the obvious selious medical neeris of paiients and inmates.

i 03. fln infonnation and betief, ttrese llet'endants knew that potentially

serioiis or fatal goilsequences could be suffered by suctr individuai.s by their ch.allenged

policies and practices amd by their failures to properiy train and supervise medieal care and/or

develop adequato policies.

104. Defendants violated their duty of care to provide reasonable rneclical care

to citizens, many of lvhom have not been canvicted of, any crime, while incarcerated, by, lvithotrt

lirnitation, delaying rnedical care" denying progrer merlications, providing incorrect medications,

delegating medical duties to untrained stat-l', f,ailure tc have rnedical doctors properly supen'ise,

failure to provide adequate care as set forth herein, inclucling improper rnedication managoment,

and deliberately igporing plaintiffs' serious medical needs for profit.

15

The CHC and SJR.h,{C Defendants are vioariously liable fbr the negligent acts

and omissions of their agents an#or ernpleiyees and directly liable for rheir own negligent failures

in training" policies, and practices.

106. Involved caregivers at the.!ail grossly deviated frorn that standard of sare and

were negligent in failing to properiy care for and treat Plaintiff McGill's knorvn serious medical

neecls in the health care services they failed to provide. Inter $lis, defendants failed to properly

assess plaintiffs. failed to provide proper medications in the proper doses, or at all, failed to

evaluate or treat serious medical issues, l'ailure to transport plaintiffs to higher-level n:edical care

when required. faiiure ta provide inmates access to medical doctors and left plaintiffs' serious

medicai needs untreated.

r07. As a direct result of l)efendants' unlawfirl conduct. Plaintiffs have suf,f,ered

injuries, darnages and losses as described herein entitling them to compensatory and special

damages ineluding attomeys' lees in amounts to be deterrnined at trial.

TT{[RI} CLAIM FTOR RS],[,IEFI*Yiolations of 42 U.S.C. $$ f2131-12tr34 The Arnericans With $isabilities Act {54ASA")"

1 08. Ilefendants herein were required by larv to observe and adhere to coilrmon

iaw and statutory laws and civil rights larvs and guarantees in the perfannance of'their duties to

or fc,r those who are disable and are ctretained at the San Juan County iletention Center.

i09. l]efendants violated their duties under the *\DA to make aceommodations

tr: plaintiffs with known. obvious, and disclosed disabilities.

I t(! As a result of defendants' actioil.s, plaintiffs suffered damages as described

herein and in an amo$nt to be proven at trial and are entitled to damages, attonreys' fees and

cErsis-

1 {"r<

t6

FOURT'I{ CT,AIM FOR RE[,IEF-[ntentiomal Infliction of Emotional Distress

I 11. Flaintiilb reineorpor*te all the allegations stated above.

L12. Defbndants' behavior, conduct, actions or failures to act, was outrageous and

shocking under the circurnstances.

113. Defenelants knew or should have known that the wilifui and intentional acts or

fuilures to act or recklessiy negligent acts as set fortlr herein rvould inflict sever psychological

and physical injur5, and harm to plaintiffs.

1L4. As a direct and proximate result of Defendants' outrageous, inappropriate,

irresponsible and illegal recklessness or behavior, I)laintiffs have sufflered severe injury and loss

including death.

FIF'TI{ CI,AEf FOR. RELIEF'Ileclaratory Relief

115. Plaintiffs repeat ancl reincorporate the ailegations above.

116. Defenelants' actions are ongoing, likely to recur, and cause futr.re damages to

plaintiffs and other inmates detainerJ at the SJCDC.

117. Ileclaratory relief in the f,orm of changes to policies, prooeclures, supervision,

training, and contractual payments for rredical services is necessary to prevent immediate and

irreparable harm, including constitutional and statutory violations, policy violations, serious

injury and death.

118. Plaintifts requost appointmeirt of a special master or other expe.rt to detern:ine

what declaratory reiief anrl pursuant to what tirne frante, will ameliorate the existing situation.

PR.AYER FOI{. I}.EI,I.F]P'

Plaintitf prays that this Caurt enter judgment for the Fiaintiffancl against each of the

t7

Defendants and enter the foliowing relief:

l. Ar+,ard Plaintiffs cornpensatory, non*economic, consequontial and economic

Damages as proven at trial against ali of,the Defendants;

2. Alvard Plaintiffs speciai damages as proven ai trial;

3. A'*,ard Flaintiffs punitive damages relating to rhe federal claims brought in

this matter against Individual ilefendanq

4. Alvard Flaintif& attorneys' fees and costs pursuant to the provisions of 42 U.S.C.

and the.ADA;

5. Award Flaintiffs interest from the earliest possible date under appropriate

fecleral and. state statutes;

6. Orant plaintiflfs declaratory relief compelling implementation of

constitutionally and statirtoriiy appropriate pciicies for evaluation and treatment of inmates

in need of immed.iate medical care:

7. All other appropriate relief at iaw anel equity.

PL.z\INTiFFS RESPECTFULLY REQUEST A JI.TRY,I R TRIAtsLE ISSLIES,

h,Iitchel S. RurnsChristian Hatfleid'I'ucker, Burns, Yoder & Hatfield105 Noch Orchard Ave.Farmington, lrlew Mexico 8740 I6A5] 32s-77sse@Mrtch@tb:g1etryl;ffi

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\

NTTERGOYERNMENTAL AGREEMENT-' -unipxuoN cENTER spRvtcrs

.r.msAGRE-EMENTi':g"-ti^*:*s*Hffi"H,lt**r'*, ioo9, b, ;a uetwryn Y9 s"1gl":tr:H

H'ftH:,,**'citvofHi;T#i$ilffiffi;;;;h"*t"ft *rererredtoas"thecitv"

'--- ^--*- ^-; tnCountYDetentionWHEREAS, tbe county ownsand opT?Fs tl" si" IT

center, hereimfter refu,,;-;; *the cffi ila*tio" centet'' v&ieh provides $dtable

;;Ji";*djait faoilities fot offe'nders; and l

WEEREAS,theCitywisheslocontinuetousetheCountyDeteutionCentertoincarcemte udurt orJJerI -lro"r.ra ry rfu-nn*rr+aI Colrt and counfy wishes to

contin,e to aocepr zuoh prisoaers proriaitil*Ht'l'y is helil bamless from the costs of

accepting such Prisoners'

NOW, TffiREFORE, Tm PARTIES AGBEE AS SOLLOWS:

A.Countyagreestoaccspt.,CiEPrisonors,,fotinoarcsrationintheCountyDetentionCenter. Adult persons booked *' -O**tO {fy yptit* of the Blooufield City

code and * #ffiH;; byt" ilr*rarra Mr:nicipal court to a te'rm of

incarceratioa in tle Couoty O"t"*tioo C"J"' will be, considered "City Prisoners"'

If a person is ;;,"d by iCity f"*"J,f"*"-*t officq and is booked on $tate

charges, ",

6fri;;;"th so" "hffiJr;;*rri"iptr violatiors, tho person will

. be a ,,co*.y iirlJo.;-1g, *t th" ti,oJof booking or sentencing, there are

outstandi:eg 6[;il e"* **" tu*-i"i irJoip-uf*V, the costs for incarcerating

the person * fr.[;ip#;;; *tu b" p;t t"d',*""s the rnunicipalities involved

. so long * rn itii"i"t;;bt holdfor multiple muricipalities'

B.TheCouatya$sesthattheCitywillpay.scqal**t'P-'CityPrisonerso.nel}Erdiern basis foieaoh fiscal yearas a"ti#i"A purrynt jo tlis Agreement' Tlis

Agreemerrt ij, *"til"L "f"otfom fisoai year to flscal year unless sooner

terminatea as hmein provided. Eilh", p*ty **v t".*i*t* this Agreement upon

thkry (30) days writrin |otice tg ,1,"-;6;;;rtff and/or seek altemative dispute

,.roiotioo * tnuy may then mutually agree'

C.TheCorrntyagrcsstosubmittotheCityinwdtingon'orbeforeodober15ofeaohyear the ,#ils.}'"ilr.*rtilIf tUJ Co*ry D-etention Center for the fiscd vear

ending June 30 of the sameyear. Thrb;t ttuu ato provide the cost of

adminiskative services &om otler dep*t*uott, cost of living adjustnreirtsto

salaries authorized by the Board ;f6'"8'ffi'ti-sioners' revenue &omother

sotucas' actual bed dayso *d 3l;th;mo*' changes in income or expenses of

the County tt rA* C;* h;;dl"; ao=y uaptt*Ents to the cost of food and

medical oare. From tUur. o**t"i#E il*ty shall determirc the per diemrut.ru&

t.

shall notis the city. 'lhis newper diemnteshall be effective July 1 of the next

succeeding Year.

ThsciryandtheCouatyagreeto+r]Pdconfertodiscussanysuchproposdperdiem cbang" d*irg til'rrit *i*ty (60) davs of the notice by county for the

proposedpe , di,*8"ilicioff"i:lit-lG fit":'l vT:-111" event that the parties

are nu.able to mutually agree on "*"*df,T

diem charge within said sixty (60)

6avs meet and oonfer pefio4 ther uiauiTu#*ur ,.rt-*taiation througfo a single

[Jiffi;frffi by muural agreement'- rr tle isiues are aot resolved bv

mediatiou all natters in questionbet welnthe padies }:ffi arising out of or

relating to tL ageem"ot tl't u* opt **ot'"Aiy T- *ti:l shall be deeided by

arbitation io *"*oio*o" wilh theNew M;ril. uoiror- a*n **'Act, NMSA

. tgtl,Se*ion a+il]i-, ,t ,*.q.(1971). ;-,iost" arbi{ator shall bo appointed to hear

the arbitratio, *d;lrli t, ,"t"it"a o'y ,g*i""t of the Ps*- If the par:ties

cannot W",o,rh.;bi#; gruttU" rif*?JUV the Chief Judge of theEleventh

i"aUJ iiutrict Court State of New Mexico'

This agreementto arbitrate ancl anyother agreement or oonsent to arbihate enjered

into in *ora**" il;*';e * pr"riafi i" Itis pmagrapt .qbatl be sp ecifi cally

snforceable i, ;;;;;*firth"N;M;; unkorna'uitration Act or other

applicable rn*, orilu stx. of uu* rru*i*. -ru"

parties qpecifically agree that the

r.T'i" ,itt, state ofNew Merico apply'

Any awarct by the arbihator shall be final andjudgr"Etrt thereon may be eirtered by

any courr havinel;i-d#; rh"*"' *d rnuti "ot

Ut subject to m'odification or

appeal except *'i*"id-Jby hws of the State ofNewMexioo'

The parties agree tha! in the event of arbitratiou under this Agreement' the oosts of

mbitation, including arbitator's fees, shall be awarded to the provailing pady'

iltP*6; shail' bear its own attorney's fees'

D'TheCityandtheCountyug'rythq?''CityPrisonerDal"lhallbegi"withconfirrement *d;;1uj! tfre aayof Uoot log aad-every consecutivedaythereafter'

until released. Th- ait*iff U. rn*ged fdthe ftst day of tho prisoner's

confinemert, t* i"iit tnt f"$ day-"f ;"fi"ement' In the event a prisoner is

booked ooa r"re*J;th" ,*u auy, tlu city will be charged for oue day.

The pmties agree that the city Pdsgner Day rate shall be $63'23' applicable from'

Julyi, 2009,-tlrough June 30, 20 10'

E The county agr€es to keep all recods pertaining to ]he 1A'grccment

and to provide

the City *ith ,pfr;tlt ipies tntt*f up* ry1"q*a.asrees to submit to an

audit of slr'hrecords upo1reason"ur" "o:ti*. The counry-agleesto plovideto the

city, *itu""t r{.#t ["ti""-r*uo- ruo*i"g fh" county Detention center budgel

The parties ug,", tnut issues 'egutdi'g

tht miurtr nepnlon Cenler rnay be

discrrssed at auy meeting oftU" m"-aZos. The recor'ds defined herc1o shall bs the

F.

basis for invoieing tha city for detentiorr services resdered' Invoices shall be due

and payabte ro, "*rrirlfriie;;"th by the 15th day of the followins montb.

The County agrees to ggant deduction of time for good behavior where appropriate

and as provided iu r"inf,sa rgz8, Seotion 33'3-9 1i2e9, asamrnded &om time to

timq and to c,redit th;-Cib, .t*iOfrery aod to invoice ths City for only actual use

;ith- detention faoilities by City Prisoners'

The City aad thg Cor.rnty agree that the $itr sh{ be responsible for tansporting

City prisoners t" th;;;t ffi b"t""tio"^C""to for booking of that prisouer' The

County agre,es tnat tU" it'e Lr housing City ftison"ts: T::l forlh above' shall

inotudeauyandallothersubsequentnecessaryaunsnottojudioialcourtoroceedings, iorfu$ **ioip:of court proceedings, or for medioal tueatuent

iiructua Uy the Courty Deteution C"d;#;al iaffor as othena'ise ordered' The

qity shall be *rpo*iilr" io, t **porti"g prlr*r1* pnor lo booking if a blood draw

is reouired under th;Gl* Consent e"i. rn" County shall not be requiredto

pott*t the blood samPle'

H. Prisoaer medical servico is provided as a basic ned qihile incarcerated within the

County Oetuntion ierter. 'ile Cormty may purchase catastophic hsalth insurance

for the inmates; provided, however, ftat ali costs of medical care ancl insurance are

insluded nu* iii airm rate. rnr co*ty *null ep?.tt city Prisoners for "oK

for jail, drt #ji## N;;hil bi,t- p*"s"en *at tuift the responsibilitv of

the city to profrI"-oe;ry d'"diJ "ure

uia trunspott by ambulance in the eveat

of im.minent d*#;l#" orii*t pG; detvery tothe counfy Detention ceater'

L The city and the county -,rtu+I 3ryi.to defen4 inrlemrrry and hold lrarmless the

other from *aTe;;;;"y ;J ;fi fi;tliq, oausediy 9r arising from the negligent

asts or ori*tio*"oitheir oum ofEcers' agetts' or e'rnployees'

J. In order to EBintah stict aocountability of atl receipts ant disbursements, both

parties sba[ rcIfacru*t r"*oau.r "fi

o*r-ruons and informationrelated to this

Agreement'

K. The couaty agrees to take reasonable steps so that the bookiog process is not

urreasonablY ilelaYed'

IN WITNESSS WHEREOF, the parties heroto have set their hailds aud seals by

tleir ilriyauthorUed offtcers, agents or representatives'

jI

BOARD OT COUNTY COMMISSIONERS OT

saN.rulu couli{Tr' NEW ME}ilco

AyrV.-.**-. c' ,L ==/{ -'-.- -fu--.

tlenderson, Chairman

APPROVED AS TO FORM:

il-ti. -+

Sanduanl5EntY AttomeY

twraWt$*^Crrcttr{mer, CitY Clork

cfrY oE BI,OOMFTELD' NEw ME}(ICO

sMayorzms

New Business - 3

February l-9, 2015

consideration of the sixth Arnendment to the lntergovernrnental

Agreement for Detention Center Services'

Thomas C. Havel, Adult Detention Administrator

Thomas C. Havel, Adult Detention Administrator

Approval of the sixth Amendment to the lntergovernmental Agreement

for Detention Center Services

Attached is a spreadsheet identifying the actuar cost of the Detention center forthe period July 1,

2013 to June 30, 2014 along with previous year's information for comparison purposes' The Per Diem

rate is formula driven and calculated by taking the previous full fiscal year's actual operating cost of the

facility to include supporting department cost, debt service, and any anticipated cost increases for next

fiscar year. Based on th" toiar number of bed days for the same period of 261,158, the per diem rate

for Fy 16 would be 960.65, or a decrease of s5.50 per night (8.3% decrease) from the previous year's

rate of $65.16.

staff requests that the commission estabrish the per diem rate for the Detention center for FY 2016 at

s60,66 and further requests approval of the Fifth Amendment to the lntergovernmental Agreement for

Detentio n Center Services.

N/A

ffi: Reviewedbv: Comments:

Not ApplicableLEGAL

FINANCE

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ffieffiffffi YEsr

N/A

No[ ]

Mike Stark, COO

Per Diem SPreadsheetI ntergovern mental Agreement

Sixth Amendment

tII]trll

j\l/"-?@-

Reviewed:

Comments;