NM Court Cases

 
New Mexico Cases, 2009 to Present
 
last updated 4/27/23
 

Inspection of Public Records Act

APPELLATE COURTS

Daniel Libet v. University of New Mexico
Nonprofit fundraising arms of public entities are subject to IPRA
Court of Appeals Decision (2022)
Libit SC Answer Brief Final
2022-12-09 FOG Amicus Brief in Libit case

Santa Fe Reporter v. City of Santa Fe
Police Disciplinary Records
Complaint
Judge’s Order
FOG Amicus Brief

Andrew Jones v. City of Albuquerque Police Department
Enforcement of IPRA 
Complaint
FOG Amicus Brief
Supreme Court Opinion

NMFOG v. Corizon Health
Private entities performing a public function for a public agency are subject to IPRA
Court of Appeals Decision (2019)
Petition for Writ of Certiorari 

Britton v. Office of New Mexico Attorney General
Appropriate damages available to Plaintiff under IPRA
Court of Appeals Decision (2018)

ACLU-NM v. Duran
How are attorney fees calculated in an IPRA case?
Court of Appeals Opinion (2016)

Cooper v. Virden
What punitive damages and attorney fees are applicable in an IPRA violation case?
Court of Appeals Opinion (2016)

Faber v. King
What damages are available for wrongful denial of inspection under IPRA?
Court of Appeals Opinion (2013)
Cert granted by N.M. Supreme Court
Supreme Court Opinion (2015)

Republican Party of New Mexico v. New Mexico Taxation and Revenue Department
To what extent (if any) can the executive withhold documents showing its deliberative process? Can judges create public policy exceptions to IPRA?
Court of Appeals Opinion
FOG Amicus Brief
Supreme Court Opinion (June 2012)

Cox v. New Mexico Department of Public Safety
Are citizen complaints against police officers public record?
Court of Appeals Opinion (2010)
FOG Amicus Brief
Supreme Court Order (2011)
Status: Completed

Daily Times v. City of Farmington
Are applications for city manager public?
Court of Appeals Opinion (2009)
Status: Completed

Rio Grande SUN v. Jemez Mountain
How much does an IPRA lawsuit really cost?
District Court order
SUN Brief in Chief
Court of Appeals Opinion
Status: Completed

San Juan Agricultural Water Users v. KNME
Can you file an ‘anonymous’ records request through an agent?
FOG Amicus Brief
Supreme Court Opinion (2011)
Court of Appeals Decision (2019)
Status: Completed

Toomey v. City of Truth or Consequences
When are documents created and held by a non-governmental entity really public documents?
FOG Amicus Brief
Court of Appeals Opinion (2012)

Edenburn v. NM Dept. of Health
Are draft documents subject to IPRA?
Court of Appeals Opinion (2012)
FOG Amicus Brief

DISTRICT COURTS 2023

Harold Atencio v NM Attorney General & Bernalillo County District Attorney
Complaint

Cooley v Bernalillo County Commission
Complaint for Production of Public Records-2
Petitioner’s Second Motion for Sanctions

DISTRICT COURTS 2022

Southwest Public Policy Institute v NM Secretary of State
Complaint

The Santa Fe New Mexican & NMFOG v. City of Rio Rancho
Complaint
Motion for More Definite Statement
Motion to Strike

DISTRICT COURTS 2021

New Mexico Ethics Watch v. NM Legislative Council Services
Complaint

Tabitha Clay v. City of Espanola
Request for Summary Judgement

Nancy Henry v. New Mexico Livestock Board
Complaint
Writ of Mandamus
Motion for Summary Judgement

DISTRICT COURTS 2020

Sheri Rafaelson v. Linda Padilla, Rio Arriba County Clerk
Complaint

State of New Mexico Attorney General v. New Mexico State University
Complaint

Rio Grande Foundation v. City of Albuquerque Yvette Gurule
Complaint
Settlement

Jeff Swanson v. Couy Griffin
Complaint

Santa Fe Reporter v. City of Santa Fe
Complaint 
Judge’s Order

Nancy Henry v. NM State Auditor
Request for Records
Complaint
Memorandum Opinion and Order

Whitehead v. NM Dept. of Game and Fish
Request for emails and addresses of individuals who received hunting licenses
Ruling
Complaint Whitehead v. Dept. Game and Fish

DISTRICT COURTS 2019

Charles Arasim v. City of Espanola
Release of documents
Settlement in Arasim v Espanola 2019

Haussamen Publications Inc. v. NM Spaceport Authority
Release of documents
Settlement

Patrick Brenner v. Los Alamos County Counsel
Records Request
Complaint
Los Alamos Fully Executed Release and Settlement Agreement

Nancy Henry v. NM General Services Department
Request for Settlement Records
Complaint

Jal Record v. City of Jal
Request for Records
Motion for Summary Judgement (2019)

Teri Garcia v. McKinley County School District
Request for Records
Amended Complaint Garcia v McKinley County Schools

District Courts 2018

Daniel Libet v. University of New Mexico
Motion denying Defendant Summary Judgement
FOG Amicus Brief

DISTRICT COURTS PRE 2018

Albuquerque Journal v. Albuquerque Board of Education 
Request for Report Regarding Winston Brooks
Complaint
Amended Complaint
Findings (2021)

ACLU-NM v. Duran
Complaint

Advantage Asphalt v. Santa Fe County
Complaint

Albuquerque Journal v. Office of the Governor
Complaint

Dunn v. NM Dept. Game and Fish
Request for names and addresses of hunting license applicants
N.M. Dunn v N.M. Game and Fish Complaint
Order

DPS v. Rio Grande SUN
Complaint
Answer/Counterclaim

Fincher v. Board of Regents of University of New Mexico
Complaint

Foy v. ERB/ SIC
FOG Amicus Brief
Court order allowing scanner/laptop
Court order for electronic records

Griego v. New Mexico Taxation and Revenue Department
Motion for summary judgment

Jones v. City of Albuquerque NM State Police
Complaint
FOG Amicus Brief

Mast v. Magistrate Court of Luna County
Petition for writ of mandamus
Alternative writ of mandamus

Polaco v. Hondo Municipal School District
Complaint & Judgment
 
San Juan Agricultural Water Users Assn. v. D’Antonio
Complaint

Santa Fe Reporter v. Governor Susanna Martinez
Decision

Sink v. Board of County Commissioners of Union County
Complaint
Motion to Dismiss

Open Meetings Act/Public Forums

APPELLATE COURTS
SIC v. Weinstein
Are public committees or subcommittees subject to OMA?
FOG Amicus Brief
Court of Appeals Opinion (2016)

Palenick v. City of Rio Rancho
What are the consequences of an Open Meetings Act violation?
District Court Findings and Conclusions
FOG Amicus Brief
Court of Appeals Opinion (2011)
Supreme Court Opinion (2013)

DISTRICT COURTS

Rio Grande Foundation v. City of Albuquerque
Violation of Open Meetings Act during Covid-19 Health Emergency
Complaint

Bray v. Village of Des Moines
Supreme Court Opinion
Petition for Writ of Mandamus
Alternative Writ of Mandamus

Caldwell v. City of Deming
Petition for Writ of Mandamus
Motion to Dismiss

Griffin v. Village of Ruidoso
Opinion from U.S. District Court for New Mexico (2014)

MacQuigg v. Albuquerque Public School Board 
Opinion from U.S. District Court for New Mexico (2014) 

Open Courtrooms

APPELLATE COURTS
State v. Turrietta
When can a court be closed without denying a defendant his or her Sixth Amendment rights?
Supreme Court Opinion (2013)

State v. Hood
What standard or test should a court apply when closing a courtroom?
Court of Appeals Decision (2014)