In the early morning hours of April 20, 2005, officers of the Deming, New Mexico Police Department obtained and executed a search warrant on the Plaintiffs’ residence. The three plaintiffs were at home: Alma Arias, her minor son Raymundo Marrufo, Jr., and her adult daughter Juli Marrufo. All three were removed from the house and eventually taken to the Deming Police Department where they were detained for different periods of time. Raymundo, the ten-year-old, was detained for a few hours until he was released to an adult relative so he could attend school. Ms. Marrufo and Ms. Arias were both handcuffed and detained for longer periods of time. Ms. Marrufo was eventually permitted to leave the station and return home so she too could attend school. Ms. Arias remained in custody until she was placed under arrest.
The search produced some marijuana, a small amount of methamphetamine, and one or two reportedly stolen religious statues. Of the three plaintiffs, only Ms. Arias was charged with any criminal offenses: receiving stolen property and possession of methamphetamines. These charges were later dismissed.
Ms. Murrafo and Ms. Arias, on behalf of herself and her son Raymundo, sued the officers involved in the search for violations of their civil rights under 42 U.S.C. § 1983, specifically for excessive force and wrongful arrest, under the New Mexico Tort Claims Act and under a theory of municipal liability. The complaint asserted wrongs of both excessive force and wrongful arrest.
Judge(s): Tacha, Holloway, Kelly
Jurisdiction: U.S. Court of Appeals, Tenth Circuit
Related Categories: Torts
|Circuit Court Judge(s)|
|William Holloway, Jr.|
|Plaintiff Lawyer(s)||Plaintiff Law Firm(s)|
|Dennis W. Montoya, Esq.||Montoya Law, Inc.|
|Defendant Lawyer(s)||Defendant Law Firm(s)|
|Ruth Fuess||Miller Stratver|