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Estate of Epileptic New Mexico Prisoner Settles for $1,250,000
During the week of May 22, 2000, the estate of a deceased epileptic
prisoner who was denied medical attention and then allegedly tortured and
beaten by a jailer in the Taos County, New Mexico, jail settled prior to
trial for $1,250,000.00.
While visiting with friends, Joaquin Gonzales, 42, had an epileptic
seizure. The friends called 911 and requested an ambulance. Instead, the
Sheriff's department responded and arrested Gonzales on an outstanding
shoplifting warrant. The friends informed the deputies that Gonzales was
having grand mal and petit mal seizures -- the deputies, however, noted in
their report that Gonzales was acting drunk. The deputies purportedly knew
Gonzales was epileptic and were aware that he required medical attention.
Yet, the suit alleged, deputies restrained Gonzales with a straight jacket
and/or hog tying equipment and took him to jail instead of the emergency
room. Gonzales received no medical attention at the jail. Rather, Gonzales
was handcuffed and hog tied, with his feet pulled up to the top bunk, his
head and chest resting on the bottom bunk.
Before Gonzales died, the suit alleged, a drunken deputy, Chris Trujillo,
entered Gonzales's cell, tied Gonzales to a post, and beat and tortured
him. The cause of death was listed as positional asphyxia.
Plaintiff, Ramona Montoya, on behalf of Gonzales's estate, sued the County
of Taos, the Taos County Board of Commissioners, and deputies Chris
Trujillo and Ambrose Mascarenas (the jail administrator). Montoya claimed
that deputies killed Gonzales as a direct and proximate result of
constitutionally deficient policies, training and procedures employed by
Taos County; that Gonzales's Fourth and Fourteenth Amendment rights were
violated; that defendants falsely arrested Gonzales, failed to provide
medical care, used excessive force against him and had unlawful contact
with him, all while acting under color of law and as employees of Taos
County; that Taos County was responsible for Gonzales's death at the hands
of Trujillo and Mascarenas under the doctrine of respondeat superior; and
that the Sheriff and County Commissioners were liable for Gonzales's death.
Although never deposed or interviewed, the plaintiff retained experts
Chris Sperry, M.D. (Chief Medical Examiner for the State of Georgia) and
Dale Sechrest of California (jail procedures).
Defendants claimed that, although Gonzales's demise was unfortunate, he
was not completely innocent.
The case settled prior to trial for $1,250,000. Of note, at the time of
the settlement a grand jury was considering criminal charges against Chris
Trujillo. Additionally, in an unrelated case, State District Court Judge
T. Glenn Ellington had referred to the jail as the laughingstock of New
Mexico and compared it to Stalag 13, the ridiculous Nazi prisoner of war
camp parodied on the television series Hogan's Heroes.
Plaintiffs were represented by Brad D. Hall of Albuquerque and Kimball R.
Udall of the Santa Fe law firm Sommer, Fox, Udall, Othmer & Hardwick. See:
Montoya v. Macarenas, U.S. District Court of New Mexico, Albuquerque
Division, Case No. 99cv01477.
prisoner who was denied medical attention and then allegedly tortured and
beaten by a jailer in the Taos County, New Mexico, jail settled prior to
trial for $1,250,000.00.
While visiting with friends, Joaquin Gonzales, 42, had an epileptic
seizure. The friends called 911 and requested an ambulance. Instead, the
Sheriff's department responded and arrested Gonzales on an outstanding
shoplifting warrant. The friends informed the deputies that Gonzales was
having grand mal and petit mal seizures -- the deputies, however, noted in
their report that Gonzales was acting drunk. The deputies purportedly knew
Gonzales was epileptic and were aware that he required medical attention.
Yet, the suit alleged, deputies restrained Gonzales with a straight jacket
and/or hog tying equipment and took him to jail instead of the emergency
room. Gonzales received no medical attention at the jail. Rather, Gonzales
was handcuffed and hog tied, with his feet pulled up to the top bunk, his
head and chest resting on the bottom bunk.
Before Gonzales died, the suit alleged, a drunken deputy, Chris Trujillo,
entered Gonzales's cell, tied Gonzales to a post, and beat and tortured
him. The cause of death was listed as positional asphyxia.
Plaintiff, Ramona Montoya, on behalf of Gonzales's estate, sued the County
of Taos, the Taos County Board of Commissioners, and deputies Chris
Trujillo and Ambrose Mascarenas (the jail administrator). Montoya claimed
that deputies killed Gonzales as a direct and proximate result of
constitutionally deficient policies, training and procedures employed by
Taos County; that Gonzales's Fourth and Fourteenth Amendment rights were
violated; that defendants falsely arrested Gonzales, failed to provide
medical care, used excessive force against him and had unlawful contact
with him, all while acting under color of law and as employees of Taos
County; that Taos County was responsible for Gonzales's death at the hands
of Trujillo and Mascarenas under the doctrine of respondeat superior; and
that the Sheriff and County Commissioners were liable for Gonzales's death.
Although never deposed or interviewed, the plaintiff retained experts
Chris Sperry, M.D. (Chief Medical Examiner for the State of Georgia) and
Dale Sechrest of California (jail procedures).
Defendants claimed that, although Gonzales's demise was unfortunate, he
was not completely innocent.
The case settled prior to trial for $1,250,000. Of note, at the time of
the settlement a grand jury was considering criminal charges against Chris
Trujillo. Additionally, in an unrelated case, State District Court Judge
T. Glenn Ellington had referred to the jail as the laughingstock of New
Mexico and compared it to Stalag 13, the ridiculous Nazi prisoner of war
camp parodied on the television series Hogan's Heroes.
Plaintiffs were represented by Brad D. Hall of Albuquerque and Kimball R.
Udall of the Santa Fe law firm Sommer, Fox, Udall, Othmer & Hardwick. See:
Montoya v. Macarenas, U.S. District Court of New Mexico, Albuquerque
Division, Case No. 99cv01477.
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Related legal case
Montoya v. Macarenas
| Year | 2000 |
|---|---|
| Cite | U.S. District Court of New Mexico, Albuquerque Div |
| Level | District Court |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
no case text