April Arg

Question 1

Outline (8 items)

Answer 1

NMCD doesn’t care about sentencing math. Don’t care about getting sentence right in the first place, don’t care about keeping it on track. Don’t care about correcting what went wrong.

3 year Physical injury

NMCD inflicted it through systemic negligence.

Committed same negligence in 60 files in a year

OMS is the Callaway gang (if they had hurt 60)

Law: ton of law back to Upton, up through Sanders which essentially decides this case,

D position: In the face of that, D: irrelevant, Admin sec class even t bough bad law from 2006 - but don’t care.

NMCD refusing to care took 3 years of Mr. Baca’s life.

Question 2

NMCD concerns (4 and explanation)

Answer 2

Too late to hear this motion - treat as new sj if needed, new facts

Reconsideration - unlike ours, D is adding nothing new

Expert- D never named own, never requested depo.

RELEVANCE - 3rd order language

Question 3

Miscalculation Misinterpretation (4)

Answer 3

Can’t tell where one ends and other begins

J&S is a formula. Can be wrong, but for how long?

Keep putting wrong answer on every sheet.

Complexity is no excuse; fix it by report to court and parties on PRD. To prisoner re PRD. Compare PRD to monthly dates.

Question 4

Safeguards ignored or non existent (4)

Answer 4

Policies; other states

Good time errors Form

Release audit - Calculations are correct - used arbitrarily, no evidence of review.

Management: Catanach not told, is told and does nothing, or consulted inappropriately as a lawyer/judge

Question 5

Safeguards in other state policies (3 categories)

Answer 5

Good time

Co - Parole Eligibility date
AZ - good time awarded once per year

AUDIT POLICIES NEED MORE CASES

Sentencing Document Correction

CO - time comp analyst “will contact” courts
CA - shall refer for clarification

Question 6

Elvidge shows the rot (6 1 repeat)

Answer 6

Marshall Elvidge

Bad methods, no supervision, no post error analysis or punishment.

“Elvidge’s good time was not tracked correctly from the beginning.”

Remember GJ email about correcting J&S with judge. Floundering with DA GO TO THE JUDGE

NMCD counsel: “this is a mess.”

NO focus on J&S, couldn’t be when even good time is ignored.

NO DISCIPLINE, NO REVIEW OF POLICIES.

Question 7

Call the judge

Answer 7

Gary Jones: “He encouraged I call the Judge but I know we can’t”

Question 8

Context of other physical injuries (theme and 3)

Answer 8

Theme: Bad method, no supervision, no post error analysis

Bridge - everyone uses software, someone wants to do it by hand
Nobody supervises to see if it’s done right
Bridge falls down 4 people trapped under it, and nobody asks why.

Pool - everyone uses a standard measure, someone calculates chemicals by hand, 5 kid gets infection, nobody asks why

Baca - no standard method. Hand and ad hoc interpretations. 60 files erroneous. Implicit policy not to ask judge. Nobody asks why, nobody disciplined.

Question 9

Individuals committing vs. group. (2)

Answer 9

Callaway lots of individuals dropped the ball

Always will be individual failures. Are the individual failures discrete or systemically linked?

Question 10

Management

Answer 10

Callaway featured impunity. NMCD has never disciplined any of these officers.

Question 11

Absurd comparisons (3)

Answer 11

bridge falls down “math was hard”

Building falls down injures 60 people “math was hard”

Chemical burns in a swimming pool “chemistry is tough”

Question 12

Physical counter examples 4

Answer 12

Not reputational, no breach of contract, damage to property, regulatory

Took his physical body and kept it physically in a concrete building under armed guard deprived of all outside contact and freedom of movement

Question 13

Third order date

Answer 13

Question 14

Which order language re records (5 forms, 4 cats of forms, why relevant?)

Answer 14

3rd order

Question 15

2nd order language re affidavit and paragraph

3 items

Answer 15

Question 16

2nd order language re affidavit

Paragraph

Answer 16

Question 17

2nd order date

Answer 17

Question 18

First order date

Answer 18

Question 19

RFP 7 language 4

Answer 19

Question 20

RFP 4 language

Answer 20

Question 21

What NMCD does not deny 11

Answer 21

Existence of good time form
Inconsistent use of GT form
Release audit form calculations correct
Inconsistent use

No effort to check application of J&S before the end
Catanach making judicial decisions… sometimes (D IN SANDERS)

No training
No discipline
Policies in other states ignored

60 errors at least in files in one year

Their own communications. This is a mess. What’s wrong with us.

Question 22

Prewitt (full name, year, Court)

Tying what to what?

Answer 22

Question 23

Upton v (name, Court, year)

Answer 23

Question 24

Lessen v (full name, year, Court)

Paragraph for reasoning

Answer 24

Question 25

Lessen (full name, Court, year) holding

Answer 25

Question 26

Enriquez (full name, Court, year, (4 factors from which case, 1st f 3 parts)

Answer 26

Question 27

Sanders (full name, Court, year, paragraph for key holding)

Answer 27

Question 28

Jackson (name Court year holding

Answer 28

Here, the City’s failure to require Lessees to obtain liquor liability insurance did not, in and of itself, create a dangerous condition to the general public that led to Plaintiffs’ decedent’s death. See, e.g., Archibeque v. Moya, 116 N.M. 616, 866 P.2d 344 (1993). In Archibeque, for example, a prison administrator negligently failed to check a list of names before placing an inmate into an area of the prison with his known enemies. 116 N.M. at 618, 866 P.2d at 346. In declining to equate this with negligent operation of a building under Section 41–4–6, our Supreme Court noted a difference between cases involving only a “discrete administrative decision” that did not make the premises any more dangerous beyond “the reasonable and expected risks of prison life,” and the cases demonstrating “a general condition of unreasonable risk from negligent security practices,” for which the governmental entity does waive immunity under the TCA. Archibeque, 116 N.M. at 622, 866 P.2d at 350 (Ransom, J., specially concurring).

Jackson v. City of Albuquerque, 2011 WL 5041211, at *2 (N.M. Ct. App. July 19, 2011)

Question 29

Hauff (name Court year re law)

Answer 29

3. In Callaway, we held that the plaintiff’s allegations that the prison population as a whole was unsafe because of the defendants’ failure to properly manage the housing of known gang members were substantively different from those in Archibeque, where the plaintiff’s misclassification related to him alone and did not endanger the rest of the prison population. See id. ¶ 18.

Hauff v. City of Albuquerque, 2019 WL 1226101, at *2 (N.M. Ct. App. Feb. 14, 2019)

Question 30

Quevado (name Court year holding)

Answer 30

B. CYFD Owes a Duty of Ordinary Care to Children Under Its Jurisdiction

Quevedo v. New Mexico Children Youth & Families Dep’t, 2016-NMCA-101, ¶ 13, 385 P.3d 657, 662

Question 31

Waiver jury?

Case name, court, year, paragraph

Answer 31

Statutory Construction
{31} Statutory interpretation is a pure question of law subject to de novo review. See Truong v. Allstate Ins. Co., 2010-NMSC-009, ¶ 22, 147 N.M. 583, 227 P.3d 73. This de novo standard applies to the determination of whether TCA immunity bars a tort claim. Rutherford, 2003-NMSC-010, ¶ 8, 133 N.M. 756, 69 P.3d 1199.

Kreutzer v. Aldo Leopold High Sch., 2018-NMCA-005, ¶¶ 30-31, 409 P.3d 930, 937

Question 32

Encinias duty paragraph

Answer 32

Question 33

Encinias uses a bad word

Answer 33

Question 34

Jackson comparison to Archibeque

Answer 34

Question 35

Upton on one

4 cases cited

Paragraph

Answer 35

Question 36

Upton’s tent pole cases

Answer 36

Question 37

Upton on a v c paragraph

Answer 37

Question 38

Prewitt Espinoza discussion

Answer 38

Question 39

Leopold full name court year facts

Answer 39

Question 40

Upton fact synopsis

Answer 40

Question 41

Physical injury case location year

Answer 41

False imprisonment is a physical injury and condition, being “the direct restraint
by one person of the physical liberty of another without adequate legal justification.”
Jordan v. Shands, 255 Va. 492, 500 S.E.2d 215, 218 (1998).

Question 42

Physical - Iran, title year court holding

Answer 42

Custody or physical control” can arise out of, for example, a kidnapping or imprisonment. Valore v. Islamic Republic of Iran, 700 F. Supp. 2d 52, 74 (D.D.C. 2010).

Villoldo v. Republic of Cuba, 2023 WL 2390713, at *10 (D. Colo. Mar. 7, 2023)

Question 43

Bodily def, source

Answer 43

Question 44

Bodily injury def and source

Answer 44

Question 45

Turner Name Court Year Holding

Answer 45

That pleading was filed almost two years after Mrs. Turner’s asserted *426 confinement and physical mistreatment; so it was barred by the one-year statute of limitations applicable to actions for false imprisonment and for assault and battery.

Arkansas Supreme Court

Turner v. Baptist Med. Ctr., 275 Ark. 424, 425–26, 631 S.W.2d 275, 277 (1982)

Question 46

Corneau Name Court Year Holding

Answer 46

he offense of false imprisonment, defined in Section 30–4–3, “consists of intentionally confining or restraining another person without his consent and with knowledge that he has no lawful authority to do so.”

State v. Corneau, 1989-NMCA-040, ¶ 7, 109 N.M. 81, 85, 781 P.2d 1159, 1163

Question 47

What we (plaintiff) has added to this motion 4

Answer 47

Policies from other states
Review of files
60 erroneous files in one year
Expert review.