As the saying goes “a picture is worth a thousand words”.

On January 16, 2018, the Albuquerque Journal publish a photo of Mayor Tim Keller standing alongside Joanie Griffin serving food to the homeless in the serving line.

(See January 16, 2017 Albuquerque Journal, page A-8, METRO & NM section”)

The caption read “Making hope work … Albuquerque Mayor Tim Keller and Joanie Griffin help members of Sauce Pizza & Wine team as they serve meals at St. Martin’s Hope Works day shelter Friday”

Serving meals to the homeless is fantastic and Mayor Keller needs to be commended for it and I do not question his sincerity given what he said about the homeless on the campaign trail.

What was not reported is that Joanie Griffin is the owner of Griiffin & Associates the advertising firm that was on contract to promote the ART Bus project and to interact with affected Central businesses owners and the general contractors Bradbury and Stamm.

Ms. Griffin was seen attending many of the public hearings sponsored by the City and the projects contractor Bradbury and Stamm and no doubt heard the complaints and concerns voiced by the general public at those meetings and during the city presentations.

Joanie Griffin, Griffin & Associates, made a cash “inkind” donation of $1,000 to the publicly financed “Tim Keller for Mayor Campaign” committee as reported in campaign finance reports filed with the City Clerk.

(See September 11, 2017 blog article “Show Me The Money, Chapter 3″ at PeteDinelli.com.)

Joanie Griffin, Griffin Associates, made another $1,000 cash contribution to “ABQ Forward” the measured finance committee specifically organized to raise and spend money to elect Tim Keller Mayor as reported in campaign finance reports filed with the City Clerk.

(See September 25, 2017 blog article “Show Me the Money, Chapter 4″ at PeteDinelli.com.)

The Berry Administration served up a lot of lies about the ART bus project to the public, including that ART was a world class project.

You must wonder what Griffin has served Keller about the ART bus project.

What is problematic is if Keller has bought into any of the promotional arguments about ART.

I have no doubt Mayor Keller can make his own judgments, but any association with the bus project’s past promotion would be a major mistake.

Mayor Keller may want to spend time with some of the 250 business owners about their interactions with Griffin & Associates.

In particular, Mayor Keller needs to know what promises were made to all the Central business owners and the neighborhoods affected and what they were told about the loans and other impacts of ART on the businesses and the community.

The City needs a total fresh start with the ART bus project if it’s going to work and be salvaged.

Mayor Tim Keller’s press conference outlining the problems with ART was a good first step acknowledging the mistakes of the past and moving forward.

Other good steps are that Mayor Keller replaced the Director of Transit and the Chief Operations Officer who were the main point men and promoters of the project for Berry.

Only time will tell if Mayor Keller will be able to fix all the problems with the project and secure the promised $69 million from the Federal Transportation Administration.

For a listing of all the lies regarding ART see my blog article “The Lemons and Lies of Berry’s Art” at

The Lemons And Lies Of Berry’s ART

Channel 7 did one of its Target 7 “investigative reports” on narcotics undercover cop APD Detective Jacob Grant being shot eight (8) times point blank in a parked car by his APD Lieutenant James Brachle.

http://www.koat.com/article/former-da-says-she-thinks-officer-should-ve-faced-charges/15169699

The theme of the Channel 7 investigative report was to explain why former District Attorney Kari Brandenburg did not bring felony criminal charges against Brachle for the shooting and why the New Mexico Attorney General’s office did not bring charges after the case was turned over back in 2015.

Undercover Narcotics Detective Grant was negotiating a drug buy when Brachle rushed the parked car, opened the car door where Grant was sitting and opened fire shooting Grant point blank eight (8) times.

Not at all surprising was Channel 7 broadcasted the graphic and difficult to watch lapel camera video of the shooting as part of its “investigative” report story.

Grant was extremely lucky to survive the shooting, he underwent extensive surgery for his wounds, was hospitalized for months and eventually had to retire from APD because of his permanent physical disabilities related to his injuries from the shooting.

Channel 7 of course made sure it broadcasted old footage of Grant sitting in his hospital bed.

Grant has since left New Mexico but still suffers physical impairment from the shooting.

The Target 7 investigative report missed the mark on so many levels so as to render the report nothing more than just an opportunity to broadcast the graphic lapel camera video of the shooting and holding no one accountable.

The Channel 7 investigative reporter did not aggressively confront the Attorney General’s office why no felony charges were brought after it agreed to take the case over.

The only thing Channel 7 reported was that the Attorney General decided not bring misdemeanor charges after former District Attorney Kari Brandenburg made a referral for felony charges.

The explanation for no prosecution by the Attorney General was that the statute of limitations on misdemeanors had passed including the misdemeanor charge for “negligent use of a firearm”.

Assistant Attorney General Sharon Pino in the Channel 7 report stated that because Brachle was acting in his capacity as a law enforcement officer at the time of the shooting no felony charges could be filed against him under New Mexico law.

The finding by the Attorney General’s office that no felony charges can be brought against Brachle for the shooting of Grant is total and complete nonsense and a fabrication.

The statute of limitations has run on misdemeanor charges but not on all felony charges.

The Assistant Attorney General interviewed by Channel 7 sidestepped the issue of felony charges by saying the former District Attorney could have brought felony charges herself ignoring that the AG office took the case knowing full well the former District Attorney was looking at felony charges.

If the Attorney General’s office did not want to prosecute a police officer for felonies, or because it feels it had a conflict, or it knows the difficulty in convicting any cop before a jury, or feels it will harm the working relationship with law enforcement, the Attorney General’s office should have just said so and returned the case to the current Bernalillo County District Attorney for evaluation.

Instead the Attorney General waited a full year after the former DA left office to say there would be no felony charges.

The fact that the shooting victim was a cop does not negate the fact that the shooting was done by another cop and it was still a police officer involved shooting.

There is no such thing as a “friendly fire” killing or shooting in law enforcement as there is in military combat.

All police officer involved shooting must be investigated and determined if justified.

Whenever a police officer uses deadly force, it must be justified under statutory law as well as APD standard operating procedure, with no room for exceptions.

Just because a police officer is acting in his capacity as a law enforcement officer when he discharges his firearm and injures or kills someone does not completely negate criminal or civil liability of the shooter, a fact not reported by in the Target 7 report.

To put the shooting of Grant by Brachle into focus, former APD Police officers Keith Sandy and Dominique Perez were acting in their capacity as law enforcement officers when they shot and killed homeless camper James Boyd, and they were charged with murder.

The Department of Justice (DOJ) consent decree mandates that APD excessive use of force or deadly force cases must be investigated, yet nothing was reported by Target 7 if the Grant shooting was reviewed for violation of APD use of force policies.

The Target 7 investigation did not report that Attorney General Hector Balderas in a letter declining prosecution went out of his way to point out that former APD Chief Gordon Eden never referred Greg Brachle to New Mexico Law Enforcement Academy Board to investigate the shooting as required by state law.

The New Mexico Law Enforcement Academy Board has the authority to suspend or revoke police certifications.

Attorney General Hector Balderas is the Chairman of the New Mexico Law Enforcement Academy Board and he has the authority to order the board’s investigators to review the case to determine if Brachle’s law enforcement certification and license should be revoked.

Balderas failing to make the referral himself to his own board is evidence of political deflection to avoid taking any police oversight responsibility.

No satisfactory explanation was given by the Attorney General’s Office to Channel 7 why felony charges were not brought against former APD Lt. Greg Brachle.

The Target 7 Investigative report failed to ask current Bernalillo County District Attorney Raul Torrez if he wanted the Attorney General to refer the case back to his office for another evaluation on felony charges.

Former APD Officer Jacob Grant, the shooting victim, was noble when he told Target 7 he did not want the shooter to be criminally charged, but did say he did want the shooter to never to be a police officer again.

A felony conviction would have guaranteed that Brachle would never be in law enforcement again or for that matter be able to carry a gun.

Ultimately, it was the citizens of Albuquerque that were held financially responsible for the tragic shooting of Jacob Grant that was at the very least negligent.

APD Officer Jacob Grant was paid $6.5 million dollars plus all his medical expenses being paid to settle the civil claim, an important fact that the Target 7 Investigative report omitted.

It was reported that the ART bus project contractors have now vowed to resolve all the construction problems that have now been revealed.

(See January 15, 2017 Albuquerque Journal, page A-1, ART contractors vow to resolve concerns as city chases $75 M)

The manufacturer of the electric buses is also vowing to correct the problems discovered with the buses.

How big of them.

There is not a single quote or reaction from former Mayor Richard Berry in the entire front page, above the fold headline article.

Not surprising, seeing as the Albuquerque Journal endorsed the project, was a big promoter of ART and promoted Mayor Berry at every turn for eight years.

The single greatest lie spoken by former Mayor Richard Berry for three years was his repeated proclamation that the ART bus project is a “world class” transportation project.

The truth is that ART has always been nothing more than a cheesy nine-mile, $129 million bus route that is now costing $135 million that destroyed Route 66.

A “world class transportation project” costs billions of dollars like Denver’s and Phoenix’s light rail systems and one that transforms an entire community.

The biggest promoters were always the general contractors Bradury & Stamm, architects Dekker/Perich/Sabatini and lead engineer HDR who all made millions on the project.

It so big of them that they now “vow” to resolve all the concerns about ART seeing that the promises are nothing more than what they are REQUIRED to do under the construction contract and law.

What they should consider doing is paying the real damages to all the businesses along Central that lost business, were affected by the project or that were forced to close.

It is now clear the “world class” project will not be fully functional for probably a year even after Berry dedicated the project with great fanfare just a few weeks before he left office.

Only time will tell, but let’s not hold our breath.

The new administration is now tasked with “chasing” the promised $69 million from the Feds that was in fact reduced to $50 million by congress.

For a listing of the “Lemons and Lies Of ART” see my blog article at:

The Lemons And Lies Of Berry’s ART

President Donald Trump once again has revealed with his own words and actions that he is in fact a racist.

The problem for New Mexico is that Congressman Steve Pearce will not admit it nor condemn it and yet he wants to be the Governor of one of the most ethnic diverse states in the United States with a “minority majority”.

In a White House private meeting and discussion with United States Senators about a new bipartisan immigration bill, President Donald Trump revealed his racism one again when referred to Haiti, El Salvador, Honduras and African nations in a vulgar and derogatory manner.

“Why are we having all these people from shithole countries come here? … We should have more people from Norway” President Trump was reported as saying.

For the geographically challenged, Norway is a European country that is as white or Anglo as you can get.

NEW MEXICO’S CONGRESSIONAL CANDIDATES FOR GOVERNOR RESPOND

Both Democrat US Representative Michelle Lujan Grisham and Republican US Representative Steve Pearce, both who are running for Governor of New Mexico, were interviewed and asked to comment on Trump’s latest remarks.

Democrat US Representative Michelle Lujan Grisham Lujan was reported as saying that President Trump’s comments were “shameful, abhorrent, unpresidential, and deserves our strongest condemnation. … We must use our voices to ensure that our nation never returns to the days when ignorance, prejudice, and racism dictated our decision making.”

Republican US Representative Steve Pearce released a written statement saying “It is not appropriate to disparage anyone based on where they come from. We are a nation of values and should act with respect towards others. … We need to remain focused on fixing our nation’s broken immigration system so that people from all walks of life can achieve their vision of the American dream.”

PEARCE’S KKOB RADIO INTERVIEW

The day after Representative Steve Pearce issued his written statement he was interviewed by KKOB radio.

KKOB radio station is known for its very conservative and very Republican audience and conservative talk show programs it broadcasts.

Steve Pearce is interviewed so much by KKOB to the point he should just go ahead and be given his own radio program by the station so he can promote his agenda to his political base.

In his KKOB radio interview, Pearce said “The [President’s] language should have been something different’.

Pearce downplayed Trump’s remarks by saying he would prefer to stay “focused on the issues.”

What was amazing is the way that Steve Pearce bent over backwards in trying to justify Trump’s comments to the point he almost broke his back and spinal cord.

Following are the comments Steve Pierce was quoted as saying on KKOB:

“First of all, we knew exactly who he [Trump] was. … The Democrats made it very obvious in the campaign. There was no stone left unturned, every crude thing that had been said. Now, myself, I go and I talk to the Republican congressmen and women from New York and I just say, ‘What’s going on here?’ And they say, ‘Oh, he’s one of those Queens guys’ – it’s like one of those Lea County guys – you know, that’s just the way they are. They just talk like that. They just do stuff like that. And they said they’re combative. Everybody in Queens is that way. … Frankly, almost every bipartisan group I sit in behind the scenes sounds very much like that anyway. … So, it’s as if we’re finding this religious fervor in public, but the same people who are criticizing would probably do and say very similar stuff.”

(See January 13, 2018 Albuquerque Journal, page A5, “NM reps weigh in on Trump comment; Lujan blasts president; Pearce says such language often used in private meetings”)

https://www.abqjournal.com/1118784/nm-reps-weigh-in-on-trump-comment.html

I do not think “those Lea County guys” would ever accept Steve Pearce comparing them to “one of those Queens guys” and nor that “They just talk like that. They just do stuff like that.”

Congressman Steve Pearce, the answer to your question “What’s going on here?” is that President Donald Trump is a racist, pure plain and simple.

Congressman Pearce, please admit it, and do not get over it.

While Congressman Steve Pearce is still in office, I hope he would ask President Trump if he thinks any State or if New Mexico or any city in the State of New Mexico is a “shit hole”.

You have to wonder if Trump thinks US Territory Puerto Rico is now a “shit hole” after the devastation from the recent hurricane and the desperate pleas for help from American Hispanic Citizens who are still living without electricity and trying to rebuild.

When Trumps says “sure” maybe then Steve Pearce will show he has some semblance of a back bone to go to bat for the diverse people he wants to represent as Governor.

Ignorance, prejudice, and racism is dictating Trump’s decision making and policy making and Pearce needs to condemn it in no uncertain terms.

NOT FIRST TIME TRUMP HAS SHOWN HIS RACISM

President Trumps racism dates back to 1973 when his housing management company was the target of a Department of Justice (DOJ) Civil Rights Division civil lawsuit over allegations that he and father as real estate developers were keeping black and Puerto Rican people out of their apartments.

It was in 1989 that Donald Trump purchased ads calling for the death penalty for the “Central Park Five,” four black men and one Latino man accused of rape who were later exonerated by DNA evidence.

During the 2016 presidential election, Trump still insisted the “Central Park Five” were guilty.

For at least eight (8) years, Donald Trump was front an center of the “birther movement” and questioned former President Barack Obama’s American citizenship thereby questioning Obama’s legitimacy as President of the United States.

In 2011, Trump called on President Obama to release his birth certificate and went as far as to offer to give $5 million to one of Obama’s charity of choice if he released his college records and passport.

In 2015 when Donald Trump announced his bid for the presidency, he said “When Mexico sends its people, they’re not sending the best. They’re not sending you, they’re sending people that have lots of problems and they’re bringing those problems with us. They’re bringing drugs. They’re bring crime. They’re rapists… And some, I assume, are good people.”

During the Presidential election, Trump said “I will build a great wall – and nobody builds walls better than me, believe me – and I’ll build them very inexpensively. I will build a great, great wall on our southern border, and I will make Mexico pay for that wall. Mark my words.”

In May 2016 during the presidential campaign, Trump suggested United States Federal Judge Gonzalo Curiel, who oversaw the class action lawsuit against Trump University, was biased against Trump due to his “Mexican” heritage claiming American born Curiel was from Mexico.

During a campaign stop, Trump looked over a crowd and ask out loud to the crowd of supporters “where’s my African American” as if to show he had support of African Americans.

On January 27, 2017, just seven days after being sworn in as President, January Donald Trump signed an executive order halting all refugee admissions and temporarily barring people from seven Muslim-majority countries arguing it was needed to combat terrorism. The move sparked numerous protests and legal challenges.

In August 2017, after a 20-year-old white man drove his car into a crowd at a white nationalist rally in Charlottesville, Virginia, killing one anti-racist protester and injuring 19 others,President Trump said that there was “blame on both sides” regarding the deadly violence that was instigated by white supremacists.

President Trump during a ceremony in the White House to honor the World War II Navajo Code talkers, one from New Mexico, he took the opportunity to call Massachusetts Senator Elizabeth Warren “Pocahontas”.

During the football season, Trump proclaimed that professional football players, who were predominantly African American and who “took a knee” during the national anthem to protest the treatment of African Americans should be fired.

The New York Times reported in December, 2017 that President Trump said in a June meeting about immigration that Haitians “all have AIDS”, a statement denied by the White House.

On December 24, 2017, The New York Times reported that President Donald Trump described Nigerians as people living in huts and that they would not want to return to them. He reportedly said 40,000 had come from Nigeria and would never “go back to their huts” once they had seen America.

https://www.vanguardngr.com › News

CONCLUSION

Trump’s vulgar comment and Congressman Steve Pierce’s KKOB interview occurred just a few days before the country celebrated Martin Luther King Day.

On Martin Luther King day, President Trump did not participate in any of the holiday’s events and preferred to play golf.

Dr. King said “The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”

President Donald Trump has indeed made our times challenging and controversial.

Congressman Pierce, the people of New Mexico know how to measure a person and now know where you stand when you make excuses for Trump by saying that is how people talk who are from Queen’s, New York.

Our President is a racist and Congress needs to admit it and he needs to go, the sooner the better, either by impeachment or resignation.

It should come as no surprise to no one that the American Civil Liberties Union (ACLU) has filed a federal lawsuit against the City of Albuquerque over the new “pedestrian safety ordinance” that severely restricts panhandling.

(January 12, 2018 Albuquerque Journal, page A-1, “ACLU suit aims to block panhandling restrictions)

https://www.abqjournal.com/1117868/aclu-sues-albuquerque-over-pedestrian-safety-ordinance.html

The ordinance was enacted by the City Council in November of 2016 despite repeated warnings that the ordinance was probably a violation of constitutional rights.

“This [ordinance] is just another heavy-handed attempt by the city to criminalize homelessness and push poor people out of sight and out of mind. … People have a constitutional right to stand in public places and solicit donations, regardless of whether they’re looking for their next meal or raising money for little league uniforms” said ACLU of New Mexico staff attorney María Martínez Sánchez in a news release.

The plaintiffs in the case are seeking a declaratory ruling from the federal court that the ordinance is unconstitutional, that the ordinance violates the plaintiffs’ rights to freedom of speech under the First and Fourteenth Amendments to the United States Constitution, as well as Article II, Section 17 of the Constitution of the State of New Mexico.

The plaintiffs have filed a motion for a “preliminary injunction” seeking an order from the court that would prevent enforcement by the City of the ordinance until the court decides on the constitutionality of the ordinance.

We should all be thankful we have a City Council enacting ordinances that violate the US Constitution to stop the panhandling crime wave being caused by panhandlers and homeless and all the criminals legally driving the streets of Albuquerque wanting to show an act of kindness or charity to someone less fortunate.

Sarcasm set aside,  the Albuquerque Police Department is having enough problems as it is handling far more important calls for service that do indeed endanger public safety.

APD has only 436 sworn police are assigned to field services, divided into three working shifts, less any of those on vacation, sick leave or in court resulting in approximately 24 sworn officers patrolling an entire area command.

In 2016, APD made 8,744 felony arrests, 19,857 misdemeanor arrests, 1,070 DWI arrests, and 2,462 domestic violence arrests. Albuquerque is number one in the nation for auto thefts, our violent crime rates and property crime rates have increased by 21.5% and 19% respectively and murders increased by 54% in 2015.

Despite our real crime wave, the Albuquerque City Council is worried about panhandling.

There is now a serious risk of financial liability and violation of constitutional rights of trying to enforce an ordinance that may violate the US Constitution and First Amendment rights.

Mayor Tim Keller’s promise to Republican City Councilor Trudy Jones, the sponsor of the ordinance, to have the Albuquerque Police Department enforce the ordinance needs to be put on hold until the Federal Court makes a decision on if the ordinance is constitutional.

Mayor Keller and the City Council need to find a much better way of dealing with panhandling and the homeless instead of enacting ordinances that make acts of charity criminal and forcing a huge strain on law enforcement resources that are needed to address our crime rates.

There is an old adage that “ignorance of the law is no defense in the commission of a crime.”

Ignorance of the law is also no excuse when it comes to attorneys, prosecutors and Governors.

Republican Governor Susana Martinez is seeking legislation during the upcoming 2018 legislative session that would grant legal immunity to New Mexico law enforcement officers for actions in the line of duty.

The Governor’s proposal would make law enforcement officers immune from lawsuits related to their use of force, “so long as they are acting reasonably while discharging their duties”.

http://www.koat.com/article/gov-martinez-proposal-would-make-officers-immune-from-lawsuits/15057005

Governor Martinez is a former Dona Anna District Attorney and she argues the legislation would provide a shield to law enforcement officers in a state that has one of the nation’s highest violent crime rates.

“I don’t believe that police officers should be under this constant threat of lawsuits that will often cause them to pause. … If they’re following their training, there should be something that protects them” according to the Governor.

(January 10, 2017 Albuquerque Journal, page A-1, “Gov. wants to grant immunity to New Mexico law enforcement; Legislation would shield officers from liability for actions in the line of duty)

UNINFORMED, MISGUIDED OR IGNORANT

As a New Mexico licensed attorney and a former District Attorney, Governor Martinez should know better.

The Governor should know the law before she continues her efforts to increase immunity for law enforcement personnel.

The Governor’s proposal is uninformed, or at the very least misguided and at worst ignorant, and her proposal is contrary to well established statutory law as well as New Mexico case law.

Whenever a police officer uses deadly force, it must be justified under statutory law as well as under standard operating procedures and training, with no room for exceptions.

There is no such thing as a “friendly fire” killing or shooting in law enforcement as there is in military combat.

If legal immunity is given as the Governor proposes, an innocent bystander who is hurt, seriously injured or killed would have no legal recourse if the police officer’s actions are in the line of duty and in accordance with the officers training.

Just one example where someone would have no recourse under the Governor’s proposal would be an innocent bystander who is seriously injured or killed by a police officer who is returning fire and misses his intended target.

Whenever there is a use of excessive force or deadly force by a cop, the use of force must be investigated and determined if it was justified.

Just because a police officer is acting in his capacity as a law enforcement officer when he discharges his firearm and injures or kills someone does not completely negate criminal or civil liability of the shooter nor of the shooter’s employer for negligent training and supervision.

CITY HAS PAID MILLIONS FOR POLICE MISCONDUCT CASES

No one is above the law, no one is given a license to break the law and violate constitutional rights, including law enforcement.

There have been many recent instances in Albuquerque where people have been killed where police officers were “following their training” to use the Governor’s words.

Former APD Police officer Keith Sandy and APD officer Dominique Perez were charged and tried for the murder of homeless camper James Boyd.

The Sandy and Perez defense attorneys argued and defended that they were following their training as law enforcement officers when they shot and killed Boyd.

Ultimately, the murder charges against Sandy and Perez were dismissed after a jury deadlocked on a conviction.

The City of Albuquerque paid the James Boyd family $5,000,000 for the wrongful death civil action.

Another case example is where former undercover narcotics APD Detective Jacob Grant was shot seven times point blank in a parked car by his APD Lieutenant James Brachle during a botched drug deal.

Grant was extremely lucky to survive the shooting and underwent extensive surgery for his wounds, was hospitalized for months and eventually had to retire from APD because of his permanent physical disabilities related to his injuries from the shooting by one of his own supervisors.

Ultimately, it was the citizens of Albuquerque that were held financially responsible for the tragic shooting of Jacob Grant that was at the very least negligent.

Former APD Officer Jacob Grant was paid $6,500,000 million dollars plus all his medical expenses being paid to settle the civil claim.

From 2010 to 2016 the City paid out $63.3 million to settle law enforcement civil rights violation cases, deadly force cases and excessive use of force cases by APD officers.

Since 2010, APD officers have shot over 41 people in police misconduct cases and excessive use of force cases.

In April, 2014, the United States Department of Justice found a culture of aggression within APD that resulted in a Federal Court Approved Settlement Agreement and the appointment of Federal Monitor to oversee and audit the implementation of close to 300 agreed to mandated reforms.

The Department of Justice (DOJ) consent decree mandates that APD excessive use of force and deadly force cases must be investigated.

NEW MEXICO TORT CLAIMS ACT PROVISIONS

Under the New Mexico Tort claims act, there already is immunity given law enforcement personnel.

Further, under the New Mexico Tort claims act, a government agency employing the law enforcement officer sued civilly has the legal obligation to defend the officer as well as pay for any damages awarded for the officers negligent or unjustified conduct.

Following are the specific provisions of the New Mexico Tort claims act that the Governor needs to read and understand:

“41-4-4. Granting immunity from tort liability; authorizing exceptions.

A. A governmental entity and any public employee while acting within the scope of duty are granted immunity from liability for any tort except as waived by [other provisions of statutory law or other provisions of the Tort Claims] Act] … Waiver of this immunity shall be limited to and governed by the provisions of [applicable sections of the Tort claims act. …]

B. Unless an insurance carrier provides a defense, a governmental entity shall provide a defense, including costs and attorney fees, for any public employee when liability is sought for:

(1) any tort alleged to have been committed by the public employee while acting within the scope of his duty; or

(2) any violation of property rights or any rights, privileges or immunities secured by the constitution and laws of the United States or the constitution and laws of New Mexico when alleged to have been committed by the public employee while acting within the scope of his duty.

C. A governmental entity shall pay any award for punitive or exemplary damages awarded against a public employee under the substantive law of a jurisdiction other than New Mexico, including other states, territories and possessions and the United States of America, if the public employee was acting within the scope of his duty.

D. A governmental entity shall pay any settlement or any final judgment entered against a public employee for:

(1) any tort that was committed by the public employee while acting within the scope of his duty; or

(2) a violation of property rights or any rights, privileges or immunities secured by the constitution and laws of the United States or the constitution and laws of New Mexico that occurred while the public employee was acting within the scope of his duty.

E. A governmental entity shall have the right to recover from a public employee the amount expended by the public entity to provide a defense and pay a settlement agreed to by the public employee or to pay a final judgment if it is shown that, while acting within the scope of his duty, the public employee acted fraudulently or with actual intentional malice causing the bodily injury, wrongful death or property damage resulting in the settlement or final judgment. … .”

Even though the City of Albuquerque has paid out $63.3 million to settle law enforcement civil rights violation cases, deadly force cases and excessive use of force cases from 2010 to 2016, there has been absolutely no effort by the City to recover the amount of settlements from the law enforcement personnel where the cases were defended, settled and paid on their behalf presumably because there was no fraudulent actions or intentional malice.

The New Mexico Tort Claims Act does not provide for immunity when it comes to personal injury as follows:

41-4-12. Liability; law enforcement officers.

The immunity granted … to [law enforcement under the tort Claims Act] does not apply to liability for personal injury, bodily injury, wrongful death or property damage resulting from assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, defamation of character, violation of property rights or deprivation of any rights, privileges or immunities secured by the constitution and laws of the United States or New Mexico when caused by law enforcement officers while acting within the scope of their duties.

CONCLUSION

If the Governor does not know better nor the law, her law license needs to be suspended and she needs to return to law school for a refresher course in constitutional law, constitutional law enforcement practices and civil rights before she returns to the practice of law.

The New Mexico legislature needs to reject the Governor’s proposal to increased immunity for law enforcement during the upcoming 2018 session.