September 7, 2017 - Jen Laws

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Tuesday, September 27, 2016. The oral argument is open to the public and begins at 10:00 A.M.

A three-judge panel will preside: Chief Judge Michael E. Vigil, Judge Roderick Kennedy, and Judge Timothy L. Garcia (’84).

Following are the details of the case:

FRANK DART, Plaintiff-Appellee, represented by Shannon L. Kennedy, Joseph P. Kennedy, and Laura S. Ives

vs.

CITY OF FARMINGTON, KYLE WESTALL, Defendants-Appellants, represented by Virginia Anderman and Alice T. Lorenz

Plaintiff-Appellee, a Farmington Police Department Detective, claimed that he had been retaliated against by the FPD for whistleblowing concerning a case he called the “Messenger Case,” for complaining that FPD was failing to devote sufficient resources and manpower to the investigation of crimes against children, and complaining that FPD was engaging in fraud and breaching its contract with the FBI respecting the joint Farmington-FBI Cyber Crime Task Force. The claimed retaliation included Dart’s removal from the Task Force. In 2014 the jury found that Plaintiff engaged in protected activity by communicating to his superiors his belief that Defendants were violating state law by failing its duty required by state law, acted in good faith, was retaliated against, that his protected activity was a cause of the retaliation, that he suffered economic harm in the amount of $4,000 and emotional pain and suffering in the amount of $200,000. The City of Farmington requests appeal of the decision of the district court.

• Defendants-Appellants’ Brief in Chief
• Plaintiff-Appellee’s Answer Brief
• Defendants-Appellants’ Reply Brief

For more information, contact Nora Gonzales at 505-841-4618.