Roosevelt County Wins Court Victory
Summary Judgment
SANTA FE – Roosevelt County recently won summary judgment in a federal lawsuit against the Roosevelt County Sheriff, the Sheriff’s Department, and the Board of County Commissioners alleging civil rights violations, which resulted in the death of Irisema Hernandez. Ms. Hernandez was a passenger in a vehicle driven by her boyfriend when he crashed his vehicle after fleeing from law enforcement. She sustained life threatening injuries and died four days later.
Heroin was found at the scene including 18 bindles in her body cavity. The driver was charged and plead guilty to vehicular homicide and aggravated battery.
Judge Sweazea ruled that the Sheriff’s actions in pursuing the vehicle did not violate any clearly established law, and thus he dismissed the Fourth Amendment federal claims. Attorney Dan Macke represented the Roosevelt County defendants.
“Roosevelt County is very pleased that the federal lawsuit has been dismissed,” said Roosevelt County Manager Amber Hamilton. “We want to thank our attorney Dan Macke and New Mexico Counties in providing an outstanding defense to our citizens, and in protecting the public coffers.”
The New Mexico Counties is a non-profit, nonpartisan association representing New Mexico’s 33 counties since 1936. Its mission is to strengthen New Mexico counties’ ability to govern their own affairs and to improve the well-being and quality of life of their constituents. NM Counties provides numerous services to counties including legislative advocacy, self-insurance administration, legal assistance, and professional development. For more information, please visit www.nmcounties.org.
