New Mexico
The New Mexico Supreme Court rules schools can be sued over discriminatory conduct
ALBUQUERQUE, N.M. (AP) — The New Mexico Supreme Court on Thursday cleared the way for an anti-discrimination lawsuit to proceed against the state’s largest school district, ruling that public schools and universities can be sued for discriminatory conduct under the New Mexico Human Rights Act.
The ruling stems from a 2018 case in which a high school teacher in Albuquerque was accused of cutting off one Native American girl’s hair and asking another if she was dressed as a “bloody Indian” during class on Halloween. That 16-year-old Navajo student was in a costume and had fake blood on her cheek.
Outrage over the girls’ treatment prompted legislation in New Mexico and elsewhere to prohibit discrimination based on hairstyle and religious head garments.
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“The NMHRA’s protections against numerous forms of discrimination must be read against the backdrop of this state’s unfortunate history of race-based discrimination, including that history transpiring within our public schools,” the court wrote. “The intent to prohibit discrimination in public schools has been apparent since the inception of statehood.”
The ruling affirmed a 2023 decision by an appellate court and concluded that public schools are a place of “public accommodation” under terms of the state’s anti-discrimination law. The court wrote that public schools do not restrict their services in a way that makes their use private, and it noted that the state constitution mandates that public schools in New Mexico be open to all children.
The justices also overturned a 1981 opinion stating public universities were not a public accommodation when it came to the “manner and method” of administering academic programs. The question about universities was raised in the appeal.
The legal wrangling began when the American Civil Liberties Union of New Mexico sued Albuquerque Public Schools and a teacher over allegations of discrimination and fostering a hostile learning environment.
English teacher Mary Jane Eastin was dressed up for Halloween as what the lawsuit described as “a voodoo witch” and initiated a game in which she would ask students questions, rewarding those who answered correctly with marshmallows while giving dog food to those who didn’t.
At some point, Eastin asked a Native American student whether she liked her braids and then cut off about three inches with scissors, sprinkling the hair on her desk, the suit alleges.
Eastin also was accused of asking another student, plaintiff McKenzie Johnson, if she was dressed as a “bloody Indian.” Johnson’s mother later told reporters that her daughter was dressed for Halloween as Little Red Riding Hood, with a red paw mark on her face. Johnson said she no longer felt welcome at school.
She said in a statement issued Thursday that she feels “validated” by the ruling.
“No student should endure discrimination or disrespect in the classroom,” Johnson said. “I hope it serves as a wake-up call for educators to prioritize cultural sensitivity and create inclusive environments where every student feels valued and respected.”
The school district’s superintendent publicly apologized and told parents that Eastin would not return to Cibola High School.
The school district was reviewing the latest court ruling and planned to make a statement Thursday. Eastin’s attorney did not immediately respond to an email seeking comment on the ruling.
LAS CRUCES, N.M (KFOX14/CBS4) — A gun-tracking program that uses shell casings to connect shootings is already helping investigators link crimes in Doña Ana County, according to new numbers released by the New Mexico Department of Justice.
The effort is part of New Mexico’s Crime Gun Intelligence Center, which uses ballistic evidence such as shell casings to track guns believed to be used in multiple crimes. The program relies on the National Integrated Ballistic Information Network, or NIBIN, a national database that compares ballistic evidence to determine whether shell casings may have come from the same weapon.
In April, New Mexico Attorney General Raúl Torrez described how the technology can connect cases across jurisdictions.
“There may be a shooting that occurs in Deming that’s actually connected to a crime gun that’s recovered in Las Cruces. We may find shell casings in Silver City that are connected to something that happened in T or C,” Torrez said.
Four months into the program, the Department of Justice said 210 bullet casings have been analyzed in Doña Ana County. Those casings helped link 32 incidents to 13 guns.
Jordan Salas reports on New Mexico DOJ data: Shell-casing tracking links shootings in Doña Ana County (Credit: KFOX14)
Statewide, more than 700 casings have been entered into the system, connecting 74 shootings to 31 guns.
One person reacting to the numbers said, “That’s crazy. Honestly, all those shootings all coming from that little amount of weapons is crazy.”
New Mexico officials say the system is designed to help law enforcement share information faster and build cases more efficiently.
Also in April, Doña Ana County Sheriff Kim Stewart pointed to a local case she said the technology helped resolve quickly.
“We resolved a homicide with a suspect arrest in four days. We know that those casings may lead to another 1 or 2 incidents in another city,” Stewart said.
Some residents said the technology alone will not solve gun violence, but they see it as a step forward. One person said, “I mean, growing up, like hearing gunshots in the distance. That wasn’t something crazy. I have stories of, like, friends who’ve gone to parties that had guns go off there. So, yeah, I would say guns are a problem there.”
Another person said, “I would think that it’s a good thing. I’m personally like, just anything to help the gun crimes, you know?”
KFOX14/CBS4 contacted Las Cruces police and the Doña Ana County Sheriff’s Office to ask how the leads are being used in local investigations, but we are awaiting a response.
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- Who: New Mexico Attorney General Raul Torrez brought a lawsuit against Meta Platforms Inc.
- Why: The state claims Meta misrepresented harms to minors and created a public nuisance through its social media platforms.
- Where: The lawsuit is pending in New Mexico state court.
- How to get help: Has social media impacted the mental health of you or your child? You may qualify to join a social media lawsuit against the platform.
New Mexico’s attorney general is asking a state court to order Meta to pay approximately $3.7 billion to address what the state describes as a “public nuisance” caused by the company’s social media platforms.
The request comes after a jury previously found Meta misrepresented the risks its platforms — including Facebook, Instagram and WhatsApp — pose to underage users. The jury also imposed a $375 million penalty in the first phase of the trial.
The case has now moved into a second phase, where the court will determine what additional remedies, if any, Meta must provide.
According to the state, the proposed $3.712 billion abatement plan would fund a 15-year effort to address the alleged harms caused by Meta’s platforms. The plan includes funding for public education, school resources, law enforcement support and mental health services for children affected by issues, such as online bullying and sexual exploitation.
“This request recognizes the scope of the public nuisance that Meta has caused,” counsel for the state argued in court.
The lawsuit alleges Meta concealed or downplayed the extent of harmful activity on its platforms while publicly portraying them as safe for younger users.
Meta disputes liability, challenges proposed abatement plan
Meta denies the allegations and argues there is no legal basis for the sweeping relief requested by the state.
Attorneys for the company contend the proposed abatement plan does not directly address or stop the alleged harmful conduct and instead seeks compensation for downstream effects.
“What no court has ever allowed … is payment for the downstream effects,” Meta’s counsel argued, describing the request as “damages masquerading as something else.”
The court is expected to hear additional testimony during the second phase of the trial before determining whether to approve any form of injunctive relief or financial remedies.
In March, a California jury found Meta and Google liable for mental health harms suffered by plaintiff Kaley G.M., who became addicted to Instagram and YouTube as a child, awarding $6 million in damages, including $3 million in compensatory damages and $3 million in punitive damages.
What do you think about the claims against Meta in this case? Let us know in the comments.
The state is represented by Raul Torrez of the New Mexico Office of the Attorney General and Donald Migliori, Linda Singer, Michael Pendell and David Ackerman of Motley Rice LLC.
The Meta lawsuit is New Mexico v. Meta Platforms Inc., et al., Case No. D-101-CV-2023-02838, in the First Judicial District Court of New Mexico.
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