Albuquerque Journal

Ex-DPS investigat­or on civil rights panel target of 2011 suit

- BY DAN BOYD

SANTA FE — One of the governor’s appointees to the New Mexico Civil Rights Commission was the target of a 2011 civil lawsuit that was dismissed after the state Department of Public Safety agreed to pay roughly $35,000 under a settlement.

However, a spokeswoma­n for

Gov. Michelle Lujan Grisham said Victor Rodriguez was later cleared of wrongdoing by an internal agency investigat­ion that found no evidence of excessive force on his part.

“If the case had gone to court, it would have been determined he was improperly accused,” said Lujan Grisham spokeswoma­n Nora Meyers Sackett, who pointed out the settlement

agreement was approved during the administra­tion of former Gov. Susana Martinez.

Rodriguez, who was appointed to the fledgling nine-member Civil Rights Commission by the governor last month, is the former police chief of Belen.

Before that job, he worked with the Department of Public Safety’s Special Investigat­ions Division, among other positions.

According to a civil lawsuit, Rodriguez was conducting an undercover DPS investigat­ion at a Clovis bar in 2009 when he and another officer began questionin­g a woman who had bought two alcoholic drinks.

When a patron tried to intervene, Rodriguez allegedly used a Taser on him and handcuffed him with his foot on his lower back before advising the patron he was a law enforcemen­t officer, the suit alleged.

Charges against the patron were eventually dropped, and the civil lawsuit against both Rodriguez and the Department of Public Safety was filed in 2011, alleging assault, battery, false imprisonme­nt and other offenses.

After being transferre­d from state District Court to federal court, the lawsuit was settled for about $35,000 after a five-hour conference with Judge Gregory Wormuth in Las Cruces, according to the state General Services

Department.

The plaintiff in the lawsuit is now dead, and his Clovis attorney, Tye Harmon, did not respond to requests for comment about the case.

The New Mexico Civil Rights Commission was created under a bill passed by the Legislatur­e during a June special session.

Its members, who have already held two meetings, are tasked with coming up with recommenda­tions by mid-November on possible changes to state law regarding civil rights deprivatio­ns.

Specifical­ly, the commission will be scrutinizi­ng qualified immunity, a legal doctrine that protects law enforcemen­t officers and other government officials from being held personally liable in most cases.

Debate over qualified immunity and other police use-of-force issues intensifie­d this summer after a series of incidents in New Mexico and around the nation, including the death of George Floyd, an African American man, while in the custody of Minneapoli­s police officers.

Meanwhile, Rodriguez has also been on the other side of lawsuits dealing with police use-of-force issues.

After being placed on leave as Belen’s police chief last year, Rodriguez filed a lawsuit claiming city officials had retaliated against him for reporting excessive force cases involving police officers.

The city eventually entered a settlement with Rodriguez that paid him more than $187,000 in exchange for his agreeing to drop the lawsuit, according to KRQE-TV.

The Governor’s Office cited that case as evidence of Rodriguez’s qualificat­ions to serve on the Civil Rights Commission, adding that he would bring a different perspectiv­e to the panel, which also includes attorneys, active and retired judges, a legislator and a county sheriff.

“Chief Rodriguez’s career, including his clear record of enforcing consequenc­es for officers who used excessive force, is a testament to his qualificat­ions for appointmen­t,” Sackett said.

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Victor Rodriguez

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