United States District Court, D. New Mexico
JOSEPH P. SUAZO, Plaintiff,
DERICK ROMERO, Defendant.
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S
MOTION TO DISMISS OR ALTERNATIVELY, MOTION FOR JUDGMENT ON
THE PLEADINGS (DOC. 18) and DENYING DEFENDANT'S MOTION
FOR SANCTIONS (DOC. 13) AS MOOT
MATTER comes before the Court upon the following motions:
• Defendant's Motion to Dismiss, or, Alternatively,
Motion for Judgment on the Pleadings on the Basis of
Qualified Immunity, filed September 16, 2019 (Doc.
• Defendant's Motion for Sanctions, Motion to
Dismiss or Alternatively, Motion for Judgment on the
Pleadings on the Basis of Qualified Immunity, filed September
3, 2019 (Doc. 13).
reviewed the parties' pleadings and the applicable law,
the Court finds that Defendant's motion is well-taken
and, therefore, is granted.
February 11, 2019, Plaintiff filed a civil rights complaint
in the First Judicial District Court in Santa Fe, New Mexico.
Defendant removed the case to federal court on March 16, 2019
on the basis of federal jurisdiction under 28 U.S.C.
§1331, and this Court's supplemental jurisdiction
for the alleged state law claims under 28 U.S.C. §1367.
The entirety of Plaintiff's civil complaint appears
Plaintiffs claim arises from the following event or
1-1 (“Civil Complaint”). Because Plaintiff is
proceeding pro se, the Court construes the complaint
under a liberal standard. Ford v. Pryor, 552 F.3d
1174, 1178 (10th Cir. 2008). Plaintiff alleges the following
• False imprisonment;
• Tampering with evidence
• False warrant for [illegible] harassment
• Brain injury
• Fracture of hip while incarcerated
• Incarceration “for no ...