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Spencer v. State

United States District Court, D. New Mexico

September 19, 2017

DAVID A. SPENCER, Plaintiff,
v.
STATE OF NEW MEXICO, et al., Defendants.

          MEMORANDUM OPINION AND ORDER OF DISMISSAL

          M. CHRISTINA ARMIJO CHIEF UNITED STATES DISTRICT JUDGE.

         THIS MATTER comes before the Court on Defendants Robert “Rick” Tedrow and Dustin O'Brien's Amended Motion to Dismiss, Doc. 31, filed May 10, 2017, and on Plaintiff David A. Spencer's Motion to Place the Instant Cause in Abeyance for Ninety Days, Doc. 49, filed September 1, 2017. For the reasons stated below, the Court will GRANT Tedrow and O'Brien's Amended Motion to Dismiss and DENY Plaintiff's Motion to Place the Instant Cause in Abeyance for Ninety Days.

         Amended Complaint

         Plaintiff's Amended Complaint names Robert “Rick” Tedrow, District Attorney for the Eleventh Judicial District, and Dustin O'Brien, Deputy District Attorney for the Eleventh Judicial District, individually and in their official capacity, and others as defendants. See Doc. 8. The Amended Complaint asserts claims under federal law for violation of an automatic bankruptcy stay, violations of constitutional rights and conspiracy, and under state law for malicious prosecution, tortious interference with business practices, and intentional infliction of emotional distress.

The factual allegations which mention Defendants Tedrow and O'Brien by name state: Defendant Murphy has stated to Plaintiff prior to the dispute that he had things on the Elected District Attorney Rick Tedrow that cause him to control the District Attorney's Office . . .

Amended Complaint ¶ 15.

Plaintiff's best information and belief is Defendant Murphy has placed his former employee and current Chief Deputy District Attorney Dustin O'Brien of the New Mexico Eleventh Judicial District Court in and paid for Rehab on several occasions and controls him in his official decisions as a District Attorney in the State of New Mexico thus causing additional Judicial misconduct.

Amended Complaint ¶ 16.

Plaintiff's best information and belief Defendant Murphy conspired with . . . and Defendant's [sic] Eleventh Judicial District Attorney's Office, Rick Tedrow, and Dustin O'Brien . . . .

Amended Complaint ¶ 31

Defendant [sic] best information and belief is that Mr. Murphy, San Juan Sheriff, and Sheriff's Office Defendants caused directly or indirectly a false investigation conspiring with Defendants 11th Judicial District Attorney's Office, Tedrow, and O'Brien to for unknown personal reasons or obligations and represented to Aaron Aragon to under Color of Law cause what they knew or should have known to be a false indictment causing the Plaintiff's Arrest, false imprisonment, loss of both his United States a[nd] New Mexico's Constitutional rights.

Amended Complaint ¶ 32.

After the initial prosecution and issuance of the Warrant by the conspiracy of the Defendants, Defendants 11th Judicial District Attorney's Office, DA Tedrow, and O'Brien declared a Conflict of interest upon Motion of Plaintiff's Criminal ...

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