United States District Court, D. New Mexico
PHILLIP M. ARMIJO, Plaintiff,
SANTA FE COUNTY, WARDEN DEREK WILLIAMS, Individually and in his Official Capacity, CITY OF SANTA FE, and SANTA FE POLICE OFFICER ANTHONY CURREY, Individually and in his Official Capacity, Defendants.
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS'
MOTION FOR JUDGMENT ON THE PLEADINGS AND DISMISSING FROM
COUNT 3 DEFENDANTS SANTA FE COUNTY AND DEREK WILLIAMS IN HIS
INDIVIDUAL AND OFFICIAL CAPACITY
MATTER comes before the Court upon a Motion for Judgment on
the Pleadings as to Count 3 Based in Part on Qualified
Immunity, filed by Defendants Santa Fe County and Derek
Williams (“Defendants”) on July 25, 2017
(Doc. 10). Having reviewed the parties'
pleadings and the applicable law, the Court finds that
Defendants' motion is well-taken and, therefore, is
brings tort claims under the New Mexico Tort Claims Act
against all Defendants and a claim for constitutional
violations under 42 U.S.C. §1983 against Defendants
Derek Williams and Anthony Carey. Plaintiff alleges that he
was falsely arrested on March 8, 2016 by Defendant Currey, a
City of Santa Fe police officer, and that he was arrested on
a warrant for his deceased brother. The complaint alleges
that he explained the situation to Officer Currey and
provided proof that he was not John Currey, but the officer
arrested him anyway. Plaintiff was taken to the Santa Fe
County Adult Detention Facility (“detention
facility”) where Plaintiff also “explained to the
jailer that he was falsely arrested and presented to the
agent [of the detention facility] his identifying
information. Compl., ¶ 18. Plaintiff asserts that
despite his explanation of false arrest and the presentation
of his identifying information, the detention facility,
“under the supervision of Warden Derek Williams
proceeded to detain and falsely imprison” him for two
days. Compl., ¶¶19, 21. The Complaint asserts nine
Count 1: False Arrest against Defendant Currey;
Count 2: False Imprisonment against Defendant Williams;
Count 3: Violation of the Fourth Amendment to the United
States Constitution for false arrest and imprisonment;
Count 4: Negligence against Defendants City of Santa Fe and
Count 5: Negligence against Defendants Santa Fe County and
Count 6: Respondeat Superior Liability against City of Santa
Count 7: Respondeat Superior Liability against Santa Fe
Count 8: Negligent Hiring, Training, and Supervision Against
the City of Santa Fe;
Count 9: Negligent Hiring, Training and Supervision against
Santa Fe County and Defendant Williams.
motion, Defendants seek their dismissal from Count 3 only.
They contend that Count 3 fails to state a plausible claim
upon which relief can be granted against either of them.
Count 3 has been brought against Defendant William in both
his individual capacity and his official capacity. Also,
Defendant Williams asserts the defense of qualified immunity.