NM Court of Appeals Schedules April 28, 2017 10:00 AM Hearing

April 5, 2017 - Jen Laws

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Friday, April 28, 2017. The oral argument is open to the public and begins at 10:00 A.M.

A three-judge panel will preside: Judge Michael E. Vigil, Judge J. Miles Hanisee, and Judge Julie J. Vargas (’93).

Following are the details of the case:

ANDREW JONES, Plaintiff-Appellant, represented by Laura S. Ives, Joseph P. Kennedy, and Shannon L. Kennedy

vs.

THE CITY OF ALBUQUERQUE POLICE DEPARTMENT and THE DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF NEW MEXICO, Defendants-Appellees, represented by Kathryn Levy, Robert M. Doughty, III, and Jeffrey M. Mitchell

This appeal arises from the Department of Public Safety’s refusal to disclose public records pursuant to the New Mexico Inspection of Public Records Act (“IPRA”), NMSA 1978, Sections 14-2-1 through 14-2-12 (1947, as amended through 2013). Appellant, brother of James Matthew Boyd who was fatally shot by two Albuquerque police officers in 2014, filed suit seeking the disclosure of recordings of ay police officer that was present at the shooting as well as all written reports from Department officers at the shooting. Appellant contends that the records sought do not fall under the law enforcement exception of IPRA and requests reversal of the district court’s order granting the Department of Public Safety’s Motion for Summary Judgment on the basis of that exception and the entrance of judgment for Plaintiff as a matter of law.

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