City of Roswell v. Sanchez-Gagne

New Mexico Supreme Court·Decided July 2, 2025·Unpublished

Opinion

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1 IN THE SUPREME COURT OF THE STATE OF NEW MEXICO 2 Opinion Number: 3 Filing Date: July 2, 2025 4 NO. S-1-SC-40437

5 CITY OF ROSWELL, 6 a municipal corporation,

7 Petitioner, 8 v.

9 THE HON. MARIA SANCHEZ-GAGNE, 10 District Court Judge, 11 First Judicial District Court,

12 Respondent, 13 and

14 MARIA DE LOURDES RODRIGUEZ, 15 AMELIA PONCE, individually and on 16 behalf of her minor child, J.A., and 17 KRISTINA MARTINEZ, as the Personal 18 Representative of the Wrongful Death Estate 19 of NICKOLAS DE JESUS ACOSTA, Deceased,

20 Real Parties in Interest. 21 ORIGINAL PROCEEDING 1 Hinkle Shanor LLP 2 Richard E. Olson 3 Chelsea B. Green 4 Roswell, NM

5 for Petitioner

6 Raúl Torrez, Attorney General 7 Aaron A. Rodriguez, Assistant Attorney General 8 Daniel Ross Rubin, Assistant Attorney General 9 Santa Fe, NM

10 for Respondent

11 Durham, Pittard & Spalding LLP 12 Philip M. Kovnat 13 Justin R. Kaufman 14 Santa Fe, NM

15 Cesar Ornelas Law, PLLC 16 JonCarlo J. Serna 17 Santa Fe, NM

18 James Leech 19 San Antonio, TX

20 for Real Parties in Interest 1 OPINION 2 THOMSON, Chief Justice. 3 {1} The New Mexico Civil Rights Act (NMCRA) authorizes a person to sue a 4 public body for deprivation of the rights, privileges, and immunities guaranteed by 5 the Bill of Rights in Article II of the New Mexico Constitution. See NMSA 1978, §§ 6 41-4A-1 to -13 (2021). Section 41-4A-3(B) provides that plaintiffs under the 7 NMCRA “may maintain an action to establish liability and recover actual damages 8 and equitable or injunctive relief in any New Mexico district court.” (Emphasis 9 added.) This case raises an important issue of first impression: whether a plaintiff 10 bringing claims under the NMCRA may sue a municipality in any district court in 11 the state or whether they must bring the action in the county where the municipality 12 is located. The answer to this question hinges on whether Section 41-4A-3(B) is a 13 venue provision. Exercising our original jurisdiction to issue a writ of superintending 14 control under Article VI, Section 3 of the New Mexico Constitution, we hold that 15 (1) Section 41-4A-3(B) establishes jurisdiction in the district courts over claims 16 brought under the NMCRA and is not a venue provision, and (2) NMSA 1978, 17 Section 38-3-2 (1939), governs venue for NMCRA claims filed against a 18 municipality.

1 I. BACKGROUND 2 {2} The City of Roswell (the City), located in Chaves County, New Mexico, 3 sought a writ of superintending control to order district court Judge Maria Sanchez- 4 Gagne (Respondent) to dismiss for improper venue a lawsuit filed against the City 5 in the First Judicial District Court in Santa Fe County. Maria de Lourdes Rodriguez, 6 Amelia Ponce, and Kristina Martinez, Real Parties in Interest (Real Parties), 7 advanced a single claim under the NMCRA for alleged civil rights violations 8 resulting from the fatal shooting of Nickolas de Jesus Acosta in Roswell by two 9 Roswell police officers. Consistent with the NMCRA, the lawsuit named the City as 10 the only defendant. See § 41-4A-3(C) (“Claims brought pursuant to the [NMCRA] 11 shall be brought exclusively against a public body.”). 12 {3} The City moved to dismiss the lawsuit for improper venue. It argued that 13 under the plain language of Section 38-3-2, the lawsuit “can only be brought in the 14 Fifth Judicial District in Chaves County, . . . as that is the county where the [City] is 15 located.” Section 38-3-2, which governs the venue of civil actions against 16 municipalities and boards of county commissioners, provides as follows:

17 All civil actions not otherwise required by law to be brought in the 18 district court of Santa Fe county, wherein any municipality or board of 19 county commissioners is a party defendant, shall be instituted only in 20 the district court of the county in which such municipality is located, or 21 for which such board of county commissioners is acting.

1 {4} The district court denied the City’s motion to dismiss, relying instead on a 2 “plain reading” of Section 41-4A-3(B), which provides in relevant part that “a 3 person . . . may maintain an action [for relief under the NMCRA] . . . in any New 4 Mexico district court.” (Emphasis added.) The district court concluded that Section 5 41-4A-3(B) establishes venue for a NMCRA claim “in any New Mexico district 6 court” and later denied the City’s motion to certify the issue for interlocutory appeal. 7 The City then filed a petition for writ of superintending control in this Court. We 8 ordered a stay. After considering the petition and the Real Parties’ response in 9 opposition, we lifted the stay, granted the City’s petition for writ of superintending 10 control, and issued a writ directing Respondent to dismiss for improper venue the 11 lawsuit filed by the Real Parties. We now write to explain our reasoning. 12 II. DISCUSSION

13 A. Superintending Control Is Warranted Because the Petition Raises an 14 Issue Meriting Extraordinary Relief

15 {5} This Court has original jurisdiction to issue a writ of superintending control 16 pursuant to Article VI, Section 3 of the New Mexico Constitution. This gives the 17 Court the power to control the ordinary course of litigation, which includes “the 18 authority to regulate pleading, practice, and procedure” in the lower courts. Johnson 19 & Johnson v. Wilson, 2025-NMSC-003, ¶ 9, 563 P.3d 841 (internal quotation marks 20 and citation omitted). Through this broad and extraordinary power, the Court may

1 offer guidance to lower courts on how to properly apply the law, in this case a statute 2 that controls venue. 3 {6} Characterizing this case as a “garden-variety motion to dismiss” and a 4 “relatively mundane venue issue,” the Real Parties argue that the issue of venue 5 generally does not support extraordinary relief. This case has far broader 6 implications. Indeed, the City argues Section 41-4A-3(B) is not a venue provision at 7 all but is instead a jurisdictional provision for purposes of NMCRA claims. 8 Providing clarity on questions of venue is well within our purview. See Baker v. BP 9 Am. Prod. Co., 2005-NMSC-011, ¶ 4, 137 N.M. 334, 110 P.3d 1071 (noting that the 10 Court granted certiorari from the Court of Appeals’ order denying interlocutory 11 review, “finding the proper interpretation of the venue statute to be a matter of 12 substantial public interest”); Blancett v. Dial Oil Co., 2008-NMSC-011, ¶ 3, 143 13 N.M. 368, 176 P.3d 1100 (granting certiorari from the Court of Appeals’ order 14 denying application for interlocutory appeal of the district court’s denial of a motion 15 to dismiss for improper venue); Gardiner v. Galles Chevrolet Co., 2007-NMSC-052, 16 ¶ 3, 142 N.M. 544, 168 P.3d 116 (same). 17 {7} At present, at least four claims have been filed in First Judicial District Court 18 against foreign counties or municipalities which implicate NMCRA claims. See 19 Order of Dismissal Without Prejudice, Murphy v. Town of Taos, D-101-CV-2024-

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