United States District Court, D. New Mexico
DAVID A. SPENCER, Plaintiff,
STATE OF NEW MEXICO, et al., Defendants.
MEMORANDUM OPINION AND ORDER OF DISMISSAL
CHRISTINA ARMIJO CHIEF UNITED STATES DISTRICT JUDGE.
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 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 ...