Prison & Jail Medical Neglect Lawsuits by Collins & Collins, P.C.

Holistic Approach

We at Collins & Collins, P.C. have determined that the only way to fix New Mexico prisons and jails is to approach it from every angle. Collins & Collins, P.C. has taken a multi-pronged approach to improving New Mexico prison and jail conditions for all of the people living and working in the state’s prisons and jails. We file cases in state and federal courts.  We have filed over 60 lawsuits thus far for prisoners for medical, mental health, and nutritional neglect.  In late 2019, we filed our first lawsuit under the New Mexico Whistleblower Act on behalf of four correctional officers working at Central New Mexico Correctional Facility in Los Lunas, New Mexico. The floodgates have opened since filing that first whistleblower case.  There will be many more to come as correctional officers and medical personnel who in the past have feared speaking up due to retaliation have now become emboldened to speak up about the abuse, corruption and incompetence of the New Mexico Corrections Department (NMCD) and its contractors.  Make no mistake, NMCD and its contractors still retaliate so these whistleblowers are taking great risks in speaking out.

We are committed to our clients first and foremost.  We believe that collectively, prisoners, correctional officers, medical personnel, mental and behavioral health personnel and food personnel can force change on the systems that have led to the current disastrous conditions in New Mexico prisons and jails.  That is our goal and we will do what we can to help those folks with the same goals.

State Law Claims

Collins & Collins, P.C. begins its lawsuits in state court for state law claims for medical, mental health and nutritional neglect. We do not start in federal court due to the high burdens of proof to avoid dismissal right out of the gate.  We conduct extensive discovery (collection of evidence) in state court to figure out what happened.  This means figuring out exactly who did what wrong.  Federal civil rights claims under §1983 against state entities requires that the plaintiff identify individuals by name and how they violated the prisoner’s civil rights.  Plaintiffs rarely have this information in the beginning making §1983 a very steep climb for plaintiffs.

State Court Medical Malpractice Lawsuits v. NMCD and its Medical, Mental Health and/or Food Contractors

The cases below were filed in the New Mexico state courts for state law medical malpractice claims against NMCD and its medical contractors.  Many of the medical malpractice lawsuits have involved the failure to diagnose and treat emergent infections resulting in weeks of months of hospitalizations and/or wrongful death.  Lawsuits have also been filed for failure to diagnose and/or treat diabetes, hepatitis and pneumonia.  Several of the cases involve the wrongful death of inmates.  None of the cases are subtle.  All of the cases involve extreme medical neglect.

New Mexico Civil Rights Act Lawsuits

With the passage of the New Mexico Civil Rights Act (NMCRA), many if not all of the cases set forth below would have been eligible for New Mexico Civil Rights claims.  Unfortunately, the NMCRA covers only acts occurring after July 1, 2021.  The cases that we take on involve the extreme medical, mental health and nutritional neglect,  They all clearly suggest claims for violations of the New Mexico Constitution.  Consequently,  every case where the neglect occurred after July 1, 2021 have and will continue to have claims under the New Mexico Civil Rights Act.

Federal §1983 Lawsuits

Federal court is interesting and frustrating when it comes to prisoner lawsuits.  There are numerous hurdles placed in the way of prisoners’ success on civil rights claims.  Each of the challenges is meant to deter prisoner lawsuits compliments of the Prison Litigation Reform Act (PLRA).  The PLRA is an abomination of law created along with the Clinton/Biden crime bills which have yet to be remedied.  The requirements of the PLRA will prohibit many if not most prisoner civil rights lawsuits.  Yet the PLRA is only the first hurdle that a prisoner must overcome.  Once the PLRA traps are navigated, there remains the very high burden of evidence on prisoners.  Naturally, the federal courts stay discovery as soon as a defendant files a Motion to Dismiss for insufficiency of the complaint (insufficient evidence pled in the complaint).   Its the ultimate Catch 22.  A prisoner cannot get past the Motion of Dismiss because of insufficient evidence, all of which is under the control of defendants, and the the prisoner is prevented from collecting needed evidence due to the stay in discovery.

Through seven years of focus on prisoner rights cases, we have gathered enormous data on New Mexico prisons, jails and their contractors.  This knowledge does not alleviate the bite of the PLRA.  On the other hand, this accumulated knowledge base has made §1983 claims much more feasible increasing our chances of getting past immediate dismissal.

Whistleblower Lawsuits

In late 2023, things took an interesting turn when a group of New Mexico Corrections Department officers contacted us.  These whistleblowers at great risk to themselves revealed pretty frightening facts about the safety with NMCD facilities.  These issues affect the safety of everyone in or around NMCD facilities.  This includes correctional officers, medical personnel and prisoners.  The whistleblowers confirmed much of what prisoners had been telling us for years.  In the past, we had only other prisoners for witnesses.  We now have correctional officers, medical personnel, mental health personnel and behavioral health personnel, both past and present, to corroborate.

As it happens, in the whistleblower cases filed and to be filed by Collins & Collins, P.C., the interests of prisoners, officers, medical and mental health personnel are closely aligned.  As they say, a rising tide lifts all boats.  All of our clients have been in boats that were not sinking but sunk. They have all suffered unthinkable and avoidable harm of deeply ingrained systemic abuse, corruption and incompetence on the part of the folks at the top of these agencies and their contractors.

Employment Lawsuits

Suffice it to say that working in New Mexico prisons and jails is often oppressive.  The working conditions arising from the culture of prisons and jails include sexual harassment, intimidation and retaliation.   These conditions are above and beyond the dangerous working conditions made much worse by the misconduct of the prisons, jails and their contractors.  These conditions can lead to claims under the New Mexico Human Rights Act, the New Mexico Civil Rights Act, the New Mexico Tort Claims Act, the Equal Employment Opportunities Act and Americans with Disabilities Act.

Cases Filed by Collins & Collins, P.C. Since January 2018

The list below is a work in progress.  There will be many more to come until New Mexico prisons and jails clean their own house while reigning in the abuses of their contractors.  The recklessness of New Mexico jails and prisons in their own operations as well the reckless failure to exercise any oversight over their contractors is costing taxpayers dearly.  Yet, at the time of writing this, there appears to be no inclination to change.  So it goes.

Prisoner State and Federal Lawsuits for Medical, Mental Health and Nutritional Neglect

Smith v. New Mexico Corrections Department, Wexford Health Sources, et al

• Filing Date: TBA

Estate of Robert Torivio v. Bernalillo County, UNMH, et al

• Filing Date: TBA

Estate of Marcos Valencia v. Bernalillo County, Centurion Detention Health Services

• Filing Date: TBA

Estate of Dominick Milia v. CoreCivic

• Filing Date: TBA

Estate of Colin O’Keefe v. NMCD, Wexford, et al

• Filing Date: TBA

Zuniga v. New Mexico Corrections Department, Wexford Health Sources

• Filing Date: 02/15/2024
• Medical Negligence: Failure to provide proper medical care and attention leading to a diagnosis of osteomyelitis, requiring surgery.
• New Mexico Civil Rights Act: Recklessness and grossly indifferent disregard for the civil rights and safety of Mr. Zuniga.

Geronimo Vigil v. New Mexico Corrections Department, Wexford Health Sources

• Filing Date: 08/25/2023
• Medical Negligence: Failure to treat a serious infection that resulted in abscess in the spine and continuing failure to provide proper medical care and attention.
  New Mexico Civil Rights Act: Gross negligence, recklessness, deliberate indifference to Mr. Vigil’s health and safety, and deliberate and callous refusal of proper medical care.

August Velasquez v. NMCD, Wexford, et al

• Filing date: July 24, 2023
• Medical negligence: failure to address and treat pain from a burst gallbladder and cirrhosis of the liver, failure to treat stage 4 cirrhosis diagnosis, failure to address degenerative disc disease, leading to an inability to walk.

Jaramillo v. New Mexico Corrections Department, Wexford Health Sources

• Filing Date: 05/31/2022
• Medical Negligence: Ms. Jaramillo and another female inmate were subjected to inappropriate sexual relations and harassment by a corrections officer for months. Ms. Jaramillo was threatened if she refused to comply and engage in sexual acts.
• New Mexico Civil Rights Act: Gross negligence, recklessness, and deliberate indifference under the New Mexico Civil Rights Act.

Bordegaray v. Bernalillo County

• Filing Date: 05/05/2023
• Medical Negligence: Ms. Bordegaray was forced to witness the slow and agonizing death of a fellow inmate. Was also improperly placed in detox despite being clean and sober.
• New Mexico Civil Rights Act: Gross negligence and actionable misconduct under the New Mexico Civil Rights Act.

Abarca v. Bernalillo County

• Filing Date: 04/14/2023
• Medical Negligence: Failure to take proper action in protecting Ms. Abarca from witnessing a fellow inmate’s suicide and was threatened when she attempted to intervene. Incorrectly placed Ms. Abarca in a detox pod.
• New Mexico Civil Rights Act: Gross negligence, reckless disregard, and deliberate indifference to serious medical needs.

Julian Romero v. New Mexico Corrections Department, Wexford Health Sources, et al.

• Filing Date: 07/13/2023
• Medical Negligence: Failure to provide proper medical care and attention, resulting in the rapid deterioration of Mr. Romero’s health and alleged amputation surgery. Mr. Romero’s wife has been unable to get in contact with Mr. Romero and his health status is currently unknown.
• New Mexico Civil Rights Act: Gross negligence, reckless disregard, and deliberate indifference to serious medical needs.

Estate of James Ramirez v. CoreCivic, Cibola County General Hospital, et al

• Filing date: 04/10/2023
• Medical negligence: failure to address mental health/medical crisis, despite known history of schizophrenia, leading to self-infliction of a traumatic brain injury and death.

Estate of Nicholas McCoy v. Bernalillo County, Centurion Detention Health Services, Inc.

• Filing date: 03/31/2023
• Medical negligence: failure to appropriately monitor and evaluate COVID-19, leading to respiratory failure, septic shock, pneumonia, and multi-organ failure, resulting in his death.
• New Mexico Civil Rights Claims: failure to provide proper medical care in violation of Article II, § 13 of the New Mexico State Constitution, deliberate indifference to substantial risk of serious harm caused by these failures, violations of due process and violations of the Equal Protection Clause, Article II § 18 and 13 of the New Mexico State Constitution, respectively, policy and practice of denial of care, amounting to cruel and unusual punishment.

Estate of Noah Gonzales v. NMCD, Wexford, et al

• Filing date: March 20, 2023
• Medical negligence: failure to diagnose, treat, and take relevant follow-up for subcutaneous emphysema, despite relevant history, resulting in his death.
• New Mexico Civil Rights Claims: failure to provide proper medical care in violation of Article II, § 13 of the New Mexico State Constitution, deliberate indifference to substantial risk of serious harm caused by these failures, violations of due process and violations of the Equal Protection Clause, Article II § 18 and 13 of the New Mexico State Constitution, respectively, policy and practice of denial of care, amounting to cruel and unusual punishment.

Estate of April Trujillo v. Bernalillo County, Corizon Health, YesCare, et al

• Filing Date: 02/20/2023
• Medical Negligence: Failure to provide proper medical attention resulting in Ms. Trujillo’s death only three days after being in MDC’s custody. Negligence and recklessness while holding Ms. Trujillo in custody, accusing her of “faking” detoxing.
• New Mexico Civil Rights Act: Gross negligence, recklessness, and deliberate indifference.

Estate of Lance Hesselgren v Valencia County, RoadRunner Health Services, University of New Mexico Hospital, et al.

• Filing Date: 03/28/2023
• Medical Negligence: Failure to treat injured leg despite multiple requests for medical care. The untreated leg became infected and led to sepsis, resulting in wrongful death.
• New Mexico Civil Rights Act: Gross negligence, recklessness, and deliberate indifference, leading to wrongful death.

Michael Lopez v. NMCD, Wexford, et al

• Filing date: 01/10/2023
• Medical negligence: failure to attend to wound, leading to Staph infection that led to permanent brain injury.

Estate of Juan Archuleta v. Rio Arriba County, RoadRunner Health Services, et al

• Filing date: September 28, 2022
• Medical negligence: failure to monitor detox and withdrawal symptoms, leading to his death.

Anthony Chavez v. Bernalillo County, Centurion Detention Health Services, MHM, et al

• Filing date: September 21, 2022
• Medical negligence: failure to appropriately follow up on injuries caused prior to incarceration, failure to diagnose signs of infection and make appropriate referrals, leading to delayed treatment of a spinal infection.

Roybal v. New Mexico Corrections Department, Wexford Health Sources, Inc. et al

• Filing Date: 08/30/2022
• Medical Negligence: failure to properly diagnose and treat spinal osteomyelitis for four months resulting in permanent spinal damage, and continuing failure to provide physical therapy and pain medication
• New Mexico Civil Rights Claims:  failure to provide medical care , deliberate indifference to Mr. Roybal’s medical condition, violations of due process and violations of Equal Protections under law in violation of In Violation of Article II, § 13 and 18 of the New Mexico State Constitution

Melendrez v. New Mexico Corrections Department, Wexford Health Sources, Inc. et al

• Filing Date: 07/05/2022
• Medical Negligence: failure to properly diagnose and treat a long-term ear infection, leading to permanent hearing loss
• New Mexico Civil Rights Claims:  failure to provide medical care , deliberate indifference to Ms. Melendrez’ medical condition, violations of due process and violations of Equal Protections under law in violation of In Violation of Article II, § 13 and 18 of the New Mexico State Constitution

Hallum v. New Mexico Corrections Department, Wexford Health Sources, Inc, et al

• Filing Date:  05/06/2022
• Medical Negligence:  the case involved extreme inexcusable medical neglect by NMCD and Wexford resulting in endocarditis (heart infection), multiple hospitalizations and multiple heart surgeries.  The endocarditis, hospitalizations and heart surgeries were easily avoidable with even marginally competent medical care.
• New Mexico Civil Rights Claims:  failure to provide medical care , deliberate indifference to Mr. Hallum’s medical condition, violations of due process and violations of Equal Protections under law in violation of In Violation of Article II, § 13 and 18 of the New Mexico State Constitution

Chacon v. Wexford Health Sources, Inc., New Mexico Corrections Department,  et al

• Filing Date:  12/21/2021
• Medical Negligence:  this case began as an evaluation of a potential medical negligence claim for lengthy failure to treat a severely broken arm and associated cruel and deliberate indifference to extraordinary pain.
• New Mexico Civil Rights Claims:  during the evaluation process of medical neglect, the inmate was instructed to file medical grievances per the requirements of the Prison Litigation Reform Act and its New Mexico counterpart.  Counsel for the inmate also sent out numerous Tort Claims Notices per the requirements of the New Mexico Tort Claims Act due to the continuing refusal to provide proper medical care for the broken arm.  In retaliation for the medical grievances and Tort Claims Notice, NMCD personnel violently attacked the inmate on two separate occasions.  The retaliation and the continued neglect of the inmate’s broken arm and severe pain that occurred after July 1, 2021, NMCRA claims were added to the medical negligence claims.

Gilbert Chacon v. New Mexico Corrections Department, Wexford Health Sources, Inc., et al

• Filing Date:  12/21/2021
• Medical Negligence Leading to Death:  failure to properly evaluate extreme pain with delayed diagnosis and treatment of acute hyperkalemia, rhabdomyolysis, aortic occlusion, vasculopathy, hypotension, ventricular tachycardia, anuric stage III acute kidney injury leading to wrongful death.

Jimenez v. New Mexico Corrections Department, Wexford Health Sources, Inc., et al

• Filing Date:  11/10/2021
• Medical Negligence Leading to Death:  failure to properly evaluate extreme pain with delayed diagnosis and treatment of acute aortic valve infective endocarditis, severe sepsis, acute aortic regurgitation, pulmonary edema, elevated LFTs, heart failure with reduced ejection fraction, sepsis versus cardiogenic shock, presumed bacteremia, troponinemia likely due to demand ischemia, bilateral pulmonary edema leading to wrongful death.

Ayala v. Wexford Health Sources, New Mexico Corrections Department, et al 

• Filing Date:  10/27/2021
• Medical negligence:  failure to diagnose and treat emergent infection leading to infective endocarditis resulted in severe sepsis secondary to presumed bacteremia, multiple pulmonary septic emboli, splenic infarct and multiorgan failure (acute heart failure and acute kidney injury) with lengthy hospitalization.

Martin v. New Mexico Corrections Department, Wexford Health Sources, Inc., et al

• Filing Date: 10/19/2021
• Medical Negligence: failure to diagnose and treat emergent infection leading to osteomyelitis/discitis with partial vertebral collapse, kyphosis, and stenosis leading to severe sepsis

Robinson v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

• Filing Date:  08/31/2021
• Medical negligence:  failure to diagnose and treat emergent infection leading to spinal diskitis with osteomyelitis with extensive hospitalization.

Pino v. New Mexico Corrections Department, Centurion Correctional Healthcare, et al

• Filing Date: 3.5.2021
• Medical Negligence: failure to monitor symptoms related to a medical history of septic arthritis, resulting in delayed diagnosis of septic arthritis, posterior leg abscess, osseous sequela of chronic septic arthritis, and acute kidney damage

William Killen v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

• Filing Date:  02/10/2021
• Medical negligence:  failure to diagnose and treat emergent infection leading to septic emboli, endocarditis (heart infection)and lengthy hospitalization.

Holmes v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

• Filing Date:  11/30/2020
• Medical negligence:  failure to diagnose and treat emergent infection leading to spinal osteomyelitis with lengthy hospitalization.

Deherrera v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

• Filing Date:  03/07/19
• Medical negligence:  failure to diagnose and treat emergent infection leading to spinal osteomyelitis (discitis osteomyelitis with epidural abscess).

Padilla v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

• Filing Date:  11/25/2020
• Medical negligence:  failure to diagnose and treat emergent infection leading to osteomyelitis in the leg requiring lengthy hospitalization and ultimate below knee amputation.

Aranzola  v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

• Filing Date:  11/25/2020
• Medical negligence:  failure to treat Hepatitis C leading to cirrhosis of the liver.

Estate of Efrain Martinez v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

• Filing Date:  03/05/2020
• Medical negligence and Wrongful Death:  failure to diagnose and treat emergent infection leading to endocarditis (heart infection), lengthy hospitalization and death.  The case also involves the unlawful withdrawal of medical care without legal authorization and against the wishes of the family.

Miera v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

• Filing Date:  04/11/2019
• Medical negligence:  failure to diagnose and treat emergent infection leading to spinal osteomyelitis with epidural abscess.

Finch v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al

• Filing Date:  03/22/19
• Medical negligence:  failure to diagnose and treat emergent infection leading to spinal discitis and osteomyelitis with multiple lengthy hospitalizations.

Wilson v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al, 

• Filing Date:  03/14/19
• Medical negligence:  failure to diagnose and treat emergent infection leading to spinal osteomyelitis (discitis osteomyelitis with epidural abscess).

Yribe v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al,

• Filing Date:  03/07/19
• Medical negligence:  failure to diagnose and treat emergent infection leading to spinal osteomyelitis (discitis osteomyelitis with epidural abscess).

Mora-Solis v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

• Filing Date:  03/07/2019
• Medical negligence:  failure to diagnose and treat pressure ulcer of paraplegic inmate leading to multiple, lengthy hospitalizations.

Sisneros v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

• Filing Date:  03/05/19
• Medical negligence:  failure to diagnose and treat emergent infection leading to spinal diskitis with osteomyelitis with extensive hospitalization.

Estate of David Vigil v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al, 

• Filing Date:  01/04/2018
• Medical negligence leading to Wrongful Death:  failure to diagnose and treat emergent infection leading to epidural abscess, paravertebral abscess, sepsis, septic emboli of the kidney, pneumonia and atelectasis of the lungs, flaccid paralysis and psoas abscess.

Vasquez Garcia v. Centurion Correctional Healthcare of New Mexico, Wexford Health Sources, New Mexico Corrections Department, et al 

• Filing Date:  08/21/2021
• Medical negligence:  failure to properly treat diabetes and failure to provide proper diabetic diet leading to spinal osteomyelitis (discitis osteomyelitis with epidural abscess)diabetic retinopathy, blindness, stage 5 renal failure and lifetime daily dialysis.

Guerra v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

• Filing Date:  02/15/2021
• Medical negligence:  failure to treat diabetes leading to diagnosis of necrotizing fasciitis, sepsis, acute kidney injury and multiple lengthy hospitalizations.

Deherrera v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

• Filing Date:  11/25/2020
• Medical negligence:  failure to properly treat diabetes leading to non healing ulcer that progressed to osteomyelitis, and infective myositis leading to lengthy hospitalization and partial amputation of foot.

Jaramillo v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al

• Filing Date:  11/04/2019
• Medical negligence:  failure to properly treat diabetes leading to osteomyelitis and cellulitis in the foot resulting in lengthy hospitalization and partial amputation.

Estate of Abelardo Montes v. Wexford Health Sources, Inc. New Mexico Corrections Department, et al 

• Filing Date:  10/16/2021
• Medical negligence and Wrongful Death:  failure to monitor broken ribs suffered in a fall leading to pneumonia, COVID and wrongful death.

Estate of Crystal Ericksen v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al

• Filing Date:  10/29/21
• Medical negligence:  failure to diagnose and treat pneumonia leading to wrongful death.

Estate of Freddie Mirabal v. Wexford Health Sources, Inc., New Mexico Corrections Department, et al

• Filing Date:  08/25/2021
• Medical negligence and Wrongful Death:   failure to properly and timely diagnose hepatic encephalopathy despite obvious severe symptoms leading to death.

Folsom v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al 

• Filing Date:  12/15/2020
• Medical negligence:  failure to properly treat hepatitis B leading to cirrhosis.

Sariah Archuleta v. Wexford Health Sources, Inc., New Mexico Corrections Department, et al. 

• Filing Date:  06/16/2022
• Medical negligence, Wrongful Death and Violations of New Mexico Civil Rights Act:  callous, cruel, reckless and deliberate refusal to provide proper mental health services to an inmate with severe mental illness leading to avoidable suicide.
• New Mexico Civil Rights Claims:  failure to provide medical care , deliberate indifference to Mr. Hallum’s medical condition, violations of due process and violations of Equal Protections under law in violation of In Violation of Article II, § 13 and 18 of the New Mexico State Constitution

Jonathan Cisneros v. Wexford Health Sources, Inc., New Mexico Corrections Department, et al. 

• Filing Date:  03/17/2022
• Medical negligence:  callous, cruel, reckless and deliberate refusal to provide proper mental health services to an inmate with severe mental illness, multiple suicide attempts and ongoing suicidal ideation leading to the avoidable suicide.

Estate of Adonus Encinia v. Wexford Health Sources, Inc., New Mexico Corrections Department, et al 

• Filing Date:  01/15/2019
• Medical negligence:  callous, cruel, reckless and deliberate refusal to provide proper mental health services to an inmate with severe mental illness, multiple suicide attempts and ongoing suicidal ideation leading to the avoidable suicide only 4 hours after the suicide of Keith Kosirog in the same pod in NMCD’s Mental Health Treatment Center.

Mora-Solis, et al v. New Mexico Corrections Department:  Petition for Declaratory Relief and Temporary Restraining Order

• Filing Date:  05/21/2021
• Challenge to the constitutionality of NMCD’s medical grievance process which serves purely to prevent inmates from access to the Courts for even extreme medical neglect.  The abuses of the medical grievance process are made possible by the Prison Litigation Reform Act and the New Mexico counterpart which prevent an inmate from filing a medical negligence lawsuit unless the inmate has exhausted (completed) the medical grievance process.  NMCD’s medical grievance process is wrought with obstruction to prevent completion of the grievance process including destruction and concealment of filed grievances, threats of retaliation for filing grievances and even violent retaliation for having filed medical grievance as occurred in Chacon v. NMCD, et al.
• Outcome:  Dismissed for lack of court jurisdiction over NMCD internal policies and procedures
• Future Action:  Collins & Collins, P.C. continues to try to reform the corrupt and broken NMCD medical grievance system (and grievance system generally).  Due the court’s position that it lacked jurisdiction, the firm is now attacking the medical grievance system on a individual client basis under the New Mexico Civil Rights Act, effective date 07/01/2021, as we have done in Adrian Chacon v. NMCD, Wexford, et al.

Miera v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al. 

• Filing Date:  12/30/21
• Claims:  The case began in state court with state court claims for medical negligence for failure to properly diagnose and treat an emergent infection leading spinal osteomyelitis and extensive hospitalization.  After collection of evidence in the state law case, it became apparent that the extreme medical neglect arose to the level of federal claims under §1983, Americans with Disabilities Act, Rehab Act.

Martinez v. Centurion Correctional Healthcare of New Mexico, et al 

• Filing Date:  01/27/2022
• Claims:  The case began in state court with state court claims for medical negligence for failure to properly diagnose and treat an emergent infection leading infective endocarditis and wrongful death.  After collection of evidence in the state law case, it became apparent that the extreme medical neglect arose to the level of federal claims under §1983, Americans with Disabilities Act, Rehab Act.

Estate of Samuel Bryant v. Centurion Detention Health Services, Bernalillo County, et al

• Filing Date:  08/10/2021
• Medical Negligence:  Failure to provide proper drug detoxification and monitoring leading to wrongful death as a result of toxic effects of methamphetamine and opiate withdrawal.
• Possible Federal §1983:, ADA and Rehab Act Claims  During the tenure of Centurion Detention Health Services at MDC, there were an inexcusably large number of detox deaths well documented in the press.  It is expected that as evidence is collected in the case, federal claims under §1983:, ADA and Rehab Act.

Estate of Carl Manzanares  v. Rio Arriba County, Roadrunner Health Services, et al 

• Filing Date:  11/10/2021
• Medical Negligence: Failure to provide mental health services to inmate suffering severe psychological distress leading to death by suicide.

Estate of Walter Stroop v. Rio Arriba County, VitalCore, et al 

• Filing Date:  03/19/2019
• Medical Negligence: Failure to properly diagnose and treat heart failure leading to death.

Estate of Aaron Baca v. Rio Arriba County, VitalCore, et al

• Filing Date:  02/12/2019
• Medical Negligence: Failure to provide mental health services to inmate suffering severe psychological distress leading to death by suicide.

Estate of Keith Kosirog v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al

• Filing Date:  01/15/2019
• Medical negligence: callous, cruel, reckless and deliberate refusal to provide proper mental health services to a combat veteran inmate with severe mental illness, multiple suicide attempts and ongoing suicidal ideation leading to the avoidable suicide  in NMCD’s Mental Health Treatment Center.  The suicide of Adonus Encinias occurred only 4 hours later in the same pod illustrating the callous indifference to the mental health needs of NMCD inmates

Federal §1983 Lawsuits

Estate of Adonus Encinias v. Centurion Correctional Healthcare of New Mexico, et al, 

• Filing Date:  12/22/2021
• Claims:  The case began in state court with state court claims for medical negligence for failure to provide proper care for a 23 year old inmate with a history of severe mental health issues, suicide attempts and ongoing suicidal ideation leading to wrongful death.  After collection of evidence in the state law case, it became apparent that the extreme medical neglect arose to the level of federal claims under §1983, Americans with Disabilities Act, Rehab Act.

Estate of Keith Kosirog v. Centurion Correctional Healthcare of New Mexico, New Mexico Corrections Department, et al

• Filing Date:  12/16/2019
• Claims:  The case began in state court with state court claims for medical negligence for failure to provide proper care for a 23 year old inmate with a history of severe mental health issues, suicide attempts and ongoing suicidal ideation leading to wrongful death.  After collection of evidence in the state law case, it became apparent that the extreme medical neglect arose to the level of federal claims under §1983, Americans with Disabilities Act, Rehab Act.

Whistleblower and Employment Lawsuits

Boucher, et al v. NMCD, Wexford, MHM, Summit Foods, et al

• Filing Date:  09/13/2023
• Complaint and Petition for Injunctive Relief:  This was filed on behalf of four NMCD correctional officers at Central New Mexico Correctional Facility (CNMCF) in Los Lunas, New Mexico
• Facts:  The whistleblowers tried everything they could to sound alerts regarding extremely dangerous conditions at CNMCF related to recklessly low staffing of correctional officers, gross medical and mental health neglect and extreme nutritional neglect of prisoners at CNMCF.  The conditions put everyone in or around CNMCF in danger, including neighborhoods in close proximity.  These conditions have led to a dramatic increase in inmate on inmate and inmate on correctional officers assaults.  Since filing the suit, at least one inmate, Colin O’Keefe, has died as a result of the conditions.  There are undoubtedly more that have died and will die.  It is very possible that correctional officers and medical personnel could also suffer grave injury or death as has already occurred.
• Retaliation and Intimidation:  Since filing the complaint, the plaintiffs have suffered extraordinary levels of retaliation and intimidation.  One plaintiff, Officer Sonja Boucher, was forced from her job under relentness intimidaiton and retaliation for having spoken up about conditions.  Another, Sgt. Dominic Baca, has suffered extremed rataliation and intimidation including retaliatiory demotion from sergeant.  The retaliation and intimidation does not stop with the Plaintiffs in the suite, witnesses and supporters have suffered retaliaiton and intimidation as well.
• NMCD is Corrupt and Broken:  The culture that allows this behavior has been created by those at the top over many years.  These brave correctional officers knew they would be retaliated against but they feared for the safety and lives of their fellow officers, medical personnel and yes, prisoners.

Dominic Baca v. NMCD, et al

• Filing Date:  03/21/2024
• Whistleblower Complaint:  Sgt. Dominic Baca was a Plaintiff to the original Whistleblower Complaint and Petition for Injunctive Relief filed 09/13/2023
• . Since the complaint was filed, he has suffered relentless retaliation and intimidation.  He has been ostracized by the supervisors, deputy wardens, and wardens who have discouraged any contact with Sgt. Baca by other officers and even medical personnel.  One medical employee was walked out and terminated with hours of expressing support for Sgt. Baca in the presence of a supervisors.  The last straw was the unlawful demotion of Sgt. Baca on false pretenses.  Consequently, the Whistleblower suit was filed on 03/21/2024.

Tracie Egan v. Wexford, NMCD, et al

• Filing Date:  TBA

Sonja Boucher v. NMCD, et al

• Filing Date:  TBA
• Whistleblower Complaint:  Officer Boucher is the lead plaintiff in the original Whistleblower Complaint and Petition for Injunctive Relief filed 09/13/2023.  After filing, Officer Boucher suffered unbearable retaliation and intimidation.  She was forced from her job as a result of intentional infliction of emotional distress inflicted upon her by NMCD and its supervisory and managerial level employees and staff.

Lisa Padilla v. NMCD, et al

• Filing Date:  TBA