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Stump v. Albuquerque Police Department

Supreme Court of New Mexico

March 23, 2017

CHRISTINE STUMP, Petitioner-Appellant,
v.
ALBUQUERQUE POLICE DEPARTMENT, NEW MEXICO DEPARTMENT OF PUBLIC SAFETY, BERNALILLO COUNTY METROPOLITAN COURT, and ADMINISTRATIVE OFFICE OF THE COURTS, Respondents-Appellees.

         CERTIFICATION FROM THE NEW MEXICO COURT OF APPEALS Clay Campbell, District Judge

          Rodey, Dickason, Sloan, Akin & Robb, P.A. Jocelyn C. Drennan Edward R. Ricco Albuquerque, NM for Appellant

          Office of the City of Albuquerque Jessica Hernandez Kevin A. Morrow Albuquerque, NM for Appellee

          Peifer, Hanson & Mullins, P.A. Gregory P. Williams Albuquerque, NM for Amicus Curiae New Mexico Foundation for Open Government

          Egolf, Ferlic & Harwood, LLC Jamison Barkley Santa Fe, NM Coberly & Martinez, LLLP Todd A. Coberly Santa Fe, NM Theresa Duncan Albuquerque, NM for Amicus Curiae New Mexico Criminal Defense Lawyers Association

          DISPOSITIONAL ORDER OF AFFIRMANCE

          BARBARA J. VIGIL, Justice

         {1} This matter having come before the Court by way of Certification from the Court of Appeals pursuant to NMSA 1978, § 34-5-14(C) (1972), and each member of the Court having studied the briefs, engaged in oral argument, and being otherwise fully informed on the issues and applicable law; and

         {2} The members of the Court having unanimously concurred that there is no reasonable likelihood that a decision or opinion of the Court, under the instant facts would materially advance the law of the State; and

         {3} The members of the Court having unanimously agreed to invoke the Court's discretion under Rule 12-405 (B)(2) NMRA to dispose of a case by order, decision, or memorandum opinion rather than formal opinion;

         IT IS THEREFORE ADJUDGED THAT:

         {4} The underlying facts are undisputed and provide context for the Court's order. On November 27, 2008, Appellant Christine Stump (Stump), a paramedic for the Albuquerque Ambulance Services (AAS), responded to an emergency in which a female overdosed on medication in a suicide attempt. When Stump arrived at the scene, the patient was not cooperating with Albuquerque Police Department (APD) officers. As the situation between the patient and APD escalated, APD handcuffed the patient and escorted her to a transport gurney.

         {5} In an effort to secure the patient to a transport gurney, an APD officer uncuffed one of the patient's hands. At this time, APD Officer Regina Sanchez (Officer Sanchez) perceived the patient to be moving in a hostile manner which endangered Stump. Officer Sanchez "pushed the patient's head and neck down." Concerned that Officer Sanchez's actions posed a threat to the patient's safety, Stump shouted at Officer Sanchez to stop what she was doing and removed Officer Sanchez's arm from the patient.

         {6} That evening, Stump was arrested at her home for battery on a peace officer, a fourth degree felony. See NMSA 1978, § 30-22-24 (A) (1971) ("Battery upon a peace officer is the unlawful, intentional touching or application of force to the person of a peace officer while he is in the lawful discharge of his [or her] duties, when done in a rude, insolent, or angry manner."). Stump's arrest records are maintained by APD, the State of New Mexico Department of Public Safety Law Enforcement Records Bureau, and the Bernalillo Metropolitan Court.

         {7} The parties agreed to use the City of Albuquerque's Alternative Dispute Resolution Program to assure that APD and AAS could work together in future emergencies. Only Stump, Officer Sanchez, APD supervisors, AAS supervisors, and counsel participated in the negotiations. At the meeting, Stump learned that before she arrived at the scene, the patient had hit Officer Sanchez. Officer Sanchez said she saw the patient move in a manner ...


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