WILSON v. MONTANO

Civ. No. 11-0658 BB-KBM.

MICHAEL WILSON, SR., Plaintiff, v. DEPUTY LAWRENCE MONTANO, DEPUTY TORRES, JOHN DOE VCDC BOOKING OFFICER OR EMPLOYEE, WARDEN JOE CHAVEZ, and FORMER SHERIFF RENE RIVERA, Defendants.

United States District Court, D. New Mexico.

March 23, 2012.


Attorney(s) appearing for the Case

Michael Wilson, Sr., Plaintiff, represented by Jack Bennett Jacks , Law Office of J.B. Jacks & Matthew Coyte , Coyte Law, PC.

Jesse Ortiz, Plaintiff, represented by Jack Bennett Jacks , Law Office of J.B. Jacks & Matthew Coyte , Coyte Law, PC.

Oscar Leyva, Plaintiff, represented by Jack Bennett Jacks , Law Office of J.B. Jacks & Matthew Coyte , Coyte Law, PC.

Patrick Marquez, on behalf of themselves and a class of similarly situated individuals, Plaintiff, represented by Jack Bennett Jacks , Law Office of J.B. Jacks & Matthew Coyte , Coyte Law, PC.

Mark Sanchez, Plaintiff, represented by Jack Bennett Jacks , Law Office of J.B. Jacks & Matthew Coyte , Coyte Law, PC.

Dustin Sarrett, Plaintiff, represented by Jack Bennett Jacks , Law Office of J.B. Jacks & Matthew Coyte , Coyte Law, PC.

Lawrence Montano, Deputy, Defendant, represented by Dennis K. Wallin , Wallin & Briones Law Firm, LLC & Brandon Huss , Wallin, Huss, & Mendez, LLC.

FNU Torres, Deputy, Defendant, represented by Dennis K. Wallin , Wallin & Briones Law Firm, LLC & Brandon Huss , Wallin, Huss, & Mendez, LLC.

John Doe, VCDC booking officer or employee, Defendant, represented by Dennis K. Wallin , Wallin & Briones Law Firm, LLC & Brandon Huss , Wallin, Huss, & Mendez, LLC.

Joe Chavez, Warden, Defendant, represented by Dennis K. Wallin , Wallin & Briones Law Firm, LLC & Brandon Huss , Wallin, Huss, & Mendez, LLC.

Rene Rivera, Former Sheriff, Defendant, represented by Mary T. Torres , Beall & Biehler.

Martin Benavidez, Officer, Defendant, represented by George R. McFall , Modrall, Sperling, Roehl, Harris & Sisk, PA & Jennifer A. Noya , Modrall Sperling Roehl Harris & Sisk PA.

Mike Chavez, Former Chief of Police, Defendant, represented by Jennifer A. Noya , Modrall Sperling Roehl Harris & Sisk PA.

Brent Woodard, Officer, Defendant, represented by George R. McFall , Modrall, Sperling, Roehl, Harris & Sisk, PA & Jennifer A. Noya , Modrall Sperling Roehl Harris & Sisk PA.

Nick Balido, Former Los Lunas Police Department, Chief of Police, Defendant, represented by James P. Lyle , Law Offices of James P. Lyle P.C..

Louis Burkhard, Sheriff, Defendant, represented by Brandon Huss , Wallin, Huss, & Mendez, LLC & Dennis K. Wallin , Wallin, Huss, & Mendez, LLC.

Delinda Chavez, Defendant, represented by James P. Lyle , Law Offices of James P. Lyle P.C..

Joseph Chavez, Defendant, represented by George R. McFall , Modrall, Sperling, Roehl, Harris & Sisk, PA & Jennifer A. Noya , Modrall Sperling Roehl Harris & Sisk PA.

Greg Jones, Bosque Farms Police Department, Police Chief, Defendant, represented by James P. Lyle , Law Offices of James P. Lyle P.C..

Roy Melnick, Los Lunas Police Department, Chief of Police, Defendant, represented by James P. Lyle , Law Offices of James P. Lyle P.C..

Rene Rivera, Former Sheriff, Defendant, represented by Mary T. Torres , Beall & Biehler.

Dan Robb, Belen Police Department Chief of Police, Defendant, represented by George R. McFall , Modrall, Sperling, Roehl, Harris & Sisk, PA & Jennifer A. Noya , Modrall Sperling Roehl Harris & Sisk PA.

Steven Roberts, Defendant, represented by James P. Lyle , Law Offices of James P. Lyle P.C..

Joe Stidham, Former Bosque Farms Police Department, Police Chief, Defendant, represented by James P. Lyle , Law Offices of James P. Lyle P.C..

Derek Williams, Former Warden, Defendant, represented by Brandon Huss , Wallin, Huss, & Mendez, LLC & Dennis K. Wallin , Wallin & Briones Law Firm, LLC.


MEMORANDUM OPINION

BRUCE D. BLACK, District Judge.

This action arises out of the warrantless arrest of Michael Wilson, Sr., and his subsequent detention at the Valencia County Detention Center for 11 days without the filing of criminal charges in any court or a probable cause determination before any judicial officer. This matter is now before the Court on Defendants' motion to dismiss. Doc. 25. Having considered the briefs and relevant...

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