On October 7, 1997, the American Civil Liberties Union of New Mexico and inmates in the Valencia County Jail in Los Lunas, New Mexico filed a class action lawsuit against the Board of County Commissioners, Valencia, New Mexico in the District Court for the District of New Mexico. The complaint sought declaratory and injunctive relief due to conditions in violation of the First, Fourth, Fifth, Sixth, Eight, and Fourteenth Amendments, 42 U.S.C. Sections 1983 and 1988, and the Americans with Disabilities Act. Plaintiffs were represented by the ACLU and the New Mexico Civil Liberties Foundation. The complaint alleged that since 1990 the jail had been cited for numerous safety violations, including inadequate smoke evacuation systems, deteriorating plumbing and HVAC systems, and the presence of asbestos. Individual plaintiffs reported experiences of not receiving medication, inadequate hygiene, insect infestations, and lack of access to legal representation.

Defendants offered to confess judgment and plaintiffs accepted this offer. According to the final judgment, issued on December 10, 1997 by Judge C. Leroy Hanson, the Board of County Commissioners agreed to close the jail and not reopen it unless it met "appropriate minimum standards." A subsequent motion for attorney's fees was withdrawn.

Angela Heverling - 02/06/2006


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