New Mexico Civil Rights Law Blog : New Mexico Civil Rights Lawyer & Attorney : Kennedy Law Firm : Albuquerque NM Excessive Force & Police Misconduct

Advocacy for Children

The Kennedy Law Firm represents families and children who are injured by the criminal acts of teachers, foster care workers, and other government officials. The Kennedy Law Firm represents children sexually and physically abused in foster care and treatment foster care settings and in school settings.

In 2005, Shannon Kennedy and Joseph Kennedy secured a $3.2 million civil rights verdict on behalf of a first grade student who was molested by a substitute teacher: Sanchez v. Brokop, 398 F.Supp.2d 1177 (D.N.M. 2005).

Advocacy for Victims of Police Misconduct

The Kennedy Law Firm represents a wide range of individuals who are harmed by the malicious acts of rogue and poorly trained officers. The Kennedy Law Firm pursues claims involving excessive use of force, unjustified shootings, unjustified use of tazer and other force, wrongful arrests, malicious prosecution and wrongful home entries.

In July 1991, Joseph Kennedy tried his first civil rights case in federal district court in Albuquerque. Mr. Kennedy’s client was attacked by a police dog. The claim was excessive use of force and wrongful arrest. The jury returned a verdict of $250,000.00 in favor of the firm’s client: Betts v. City of Albuquerque, 90 cv 779. The verdict included an award of $150,000.00 in punitive damages.

From that first civil rights verdict, Joseph Kennedy and Shannon Kennedy have achieved other victories in police cases tried before a jury. Other police misconduct verdicts include Aragon v. City of Albuquerque, 92 cv 821 ($10,000.00 wrongful arrest verdict); Goff v. Heatley, 95 cv 1508 ($3,000.00 excessive force verdict); Davis v. City of Albuquerque, 01 cv 27 ($120,000.00 wrongful arrest verdict); Smith v. City of Albuquerque, 01 cv 416 ($50,000.000 excessive force verdict (dog bite)); Spencer v. City of Albuquerque, 02 cv 1235 ($36,000.00 wrongful arrest verdict); Layman v. City of Albuquerque, 04 cv 778 ($57,000.00 wrongful arrest verdict); Stone v. Juarez, 05 cv 508 ($1,250 wrongful arrest verdict); Roybal v. City of Albuquerque, 05 cv 1326 ($42,000 verdict for illegal entry into home); Keylon v. Barnard, 04-1303 ($60,000 verdict, including $20,000 punitive damage award, for wrongful arrest claim); and Mora v. Yara, 06-1135 ($1,000 verdict for wrongful arrest).

Litigation that Has Changed Policy

Both the Farmington School District and the Belen School District in New Mexico made significant policy and training changes as a result of litigation The Kennedy Law Firm brought against teachers who molested students. The additional training included advanced concepts related to identification of predator “grooming” of potential victims.

Cases against the City of Albuquerque have resulted in changes of Albuquerque Police Department police policy. For instance, after both dog bite verdicts (Betts and Smith), the Albuquerque Police Department modified policies related to use of dogs in the apprehension of people. A settlement in Cozart v. City of Albuquerque, 95 cv 1351, resulted in APD written standard operating procedures being brought into compliance with Steagald v. United States, 451 U.S. 204 (1981), which prohibits warrantless searches of a host’s home for the execution of an arrest warrant on a guest. The Kennedy Law Firm’s litigation has informed change of policy in law enforcement’s cash seizures and the use of the APD Party Patrol.

The Kennedy Law Firm Represents Their Clients on Appeal

Representative appellate decisions include Keylon v. City of Albuquerque, et al., 535 F.3d 1210 (10th Cir. 2008)(judgment entered as a matter of law for arrest without probable cause and denial of qualified immunity defense) and Albin v. Bakas, 2007 NMCA 76, 141 N.M. 742, 160 P.3d 923 (Ct. App. 2007); cert. denied, 162 P.3d 171. In Albin, the New Mexico Court of Appeals reversed a district court’s grant of summary judgment against a personal representative of a decedent whose cash state police officers seized and transferred to the federal government for forfeiture. We are proceeding in state district court on a claim under the New Mexico Tort Claims Act for damages resulting from the seizure and transfer of the cash seized. The Court’s opinion has resulted in a significant change in how state officers secure and handle money seized from persons living or traveling in the State of New Mexico.