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Armendariz v. Santa Fe County Board of Commissioners
United States District Court, D. New Mexico
July 24, 2018
GABRIEL ARMENDARIZ, ERIC DION COLEMAN, JACOB GOMEZ, TONY LOVATO, MATTHEW J. LUCERO, EDWARD R. MANZANARES, JOE MARTINEZ, CHRISTOPHER MAVIS, PHILIP TALACHY, FELIPE J. TRUJILLO, and JOSEPH VIGIL, on their own behalf and on behalf of a class of similarly situated persons, Plaintiffs,
SANTA FE COUNTY BOARD OF COMMISSIONERS, and MARK GALLEGOS, in his individual and official capacity, and INDUSTRIAL COMMERCIAL COATINGS, LLC, Defendants.
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS'
MOTION FOR LEAVE TO FILE SECOND AMENDED CLASS ACTION
MATTER comes before the Court upon Plaintiffs' Motion for
Leave to File Second Amended Class Action Complaint, filed
April 16, 2018 (Doc. 65). Having reviewed
the parties' pleadings and the applicable law, the Court
finds that Plaintiffs' motion is well-taken and,
therefore, is GRANTED.
case is a putative class action arising from Defendants'
renovation of the shower facilities at the Santa Fe Adult
Correctional Facility (“ACF”) in 2014 when
Plaintiffs and the class members were inmates at the
facility. Plaintiffs allege that they were exposed to dust,
debris, and hazardous chemicals, which caused them injury.
This federal action is a continuation of a prior state court
class action by Plaintiffs, No. D-101-CV-2016-00671 in the
First Judicial District Court of the State of New Mexico. The
state court action was filed on March 11, 2016 by two of the
named Plaintiffs in this case, Joe Martinez and Christopher
Mavis, on their own behalf and on behalf of a class of
similarly situated persons. The state court action raised
timely claims under the New Mexico Tort Claims Act, NMSA
1978, §§41-4-1 et seq, and according to Plaintiffs,
was brought within the two year limitations period set forth
in NMSA 1978, § 41-4-15. See Doc. 63 at 1-5.
federal case was initiated on March 14, 2017 when Plaintiffs
Mavis and Martinez joined with additional named Plaintiffs to
file a Class Action Complaint for Damages Under 42 U.S.C.
§ 1983 (Doc. 1). This federal action brought claims
under 42 U.S.C. § 1983 against the County Defendants on
behalf of the Plaintiffs and a class of similarly situated
persons based on the same underlying facts as the state court
action. After Plaintiffs filed the original complaint in the
federal case, parties agreed to litigate the two cases
together in this case in federal court to conserve resources
of both the parties and the courts. See Doc. 63 at
1-5. As part of that agreement, Plaintiffs were granted leave
to amend the complaint to add Industrial Commercial Coatings,
LLC (“ICC”) as a Defendant and to include
Plaintiffs' claims against ICC, Santa Fe County and
Gallegos under the New Mexico Tort Claims Act and New Mexico
common law. Following the filing of the amended complaint,
Plaintiffs dismissed the state case without prejudice.
First Amended Complaint (“FAC”) states four
causes of action:
(1) Deprivation of Civil Rights under 42 U.S.C. §1983
against County Defendants;
(2) Supervisory Liability under §1983 against County
(3) Claims under the New Mexico Tort Claims Act, NMSA 1978,
¶41-4-7 and §41-4-12 against County Defendants; and
(4) Claims against Defendant ICC under New Mexico Common Law.
Doc. 20 (Doc. 65-1).
now seek leave to amend the complaint. They include both the
FAC and the proposed complaint as Exhibits A and B to the
motion, and ask to amend the complaint in the following four
Correct clerical issues:
a. Amend caption to add James M. Wheeler as a Plaintiff with
additional identifying paragraph ...