BY MAIRE O’NEILL
maire@losalamosreporter.com
A joint status report and provisional discovery plan document has been filed in U.S. District Court in Albuquerque by Luckie Daniels, a Los Alamos Public Schools parent, and Carlos M. Quiñones, the attorney representing LAPS Supt. Jennifer Guy, former Supt. Jose Delfin, Asst. Supt. James “Carter” Payne, LAPS administrators and LAPS Board members Antonio Jaurigue, Christine Bernstein (former member), Melanie Colgan, Ellen Specter and Sondra Wyman.
Although Quiñones has not yet filed a response to Daniels’ complaint, he stated in the document that his clients deny her “factual allegations and all legal claims”. He said after a decision is made on his pending Motion for Definite Statements LAPS will file their Answer and Affirmative Defenses to Daniels’ complaint.
Daniels says in the document, that from her very first engagement with the LAPS in September 2022, those named in her suit have denied her and her minor daughter the Title VI and Title VII nondiscrimination protections and rights afforded to them by federal law, and in such have with knowledge and intent, repeatedly violated LAPS Policies 5130/5130R Nondiscrimination, 5132 Parent Grievance, 4051 Employee Grievance, 4081 Parent Participation, 1121 Comments From Public Board Meetings, 4001/4001R Code of Ethical Responsibility of the Education Profession, and 4034.1 Employee Speech.
On September 13, 2023, Daniels says that following an LAPS teacher’s multiple use of the N-word during an English 11 class on August 30, 2023, “that prompted no investigation or corrective actions by LAPS”, she filed a Discrimination Complaint with the Department of Education, Office of Civil Rights (OCR), citing the classroom incident and absence of corrective LAPS administrative actions”.
Also in the document, Daniels states that on September 15, 2023, she filed a formal Discrimination Complaint with LAPS, requesting an independent investigator be engaged to investigate her allegations and that LAPS engaged attorney Treesineu McDaniel of Fagen Friedman & Fulfrost. Daniels says McDaniel was provided a document of “11 compiled allegations on October 10, 2023, and access to a Google Drive folder of 140 historical documents and communications providing time-stamped details of incidents”. She notes that the New Mexico ACLU, the state Public Education Department Identity, Equity, and Transformation Division, the NAACP, and the state Attorney General have also received complaints from her related to the violations listed above.
Since all those complaints were initiated and following the initial filing of the lawsuit in First Judicial District Court, Daniels said seven additional allegations have been added to her LAPS District investigation, including three allegations of retaliation and targeting by LAPS administrators named in the complaint.
Daniels asserts that Supt. Guy is responsible for her actions and the actions of her subordinates under her leadership. Daniels believes Asst. Supt. Payne’s duties as Assistant Superintendent for Teaching and Learning in addition to the acting LAPS Title IX Coordinator and Custodian of Records “present a clear conflict of interest, creating a barrier to transparency, public accountability, and the demonstrative equity expected of LAPS public officials responsible for the proper administration of the school district”.
“The remaining individual defendants are or were elected (board) members who have sworn to uphold an Oath of Office and adhere to LAPS District policies before serving in their elected or appointed roles,” Daniels states.
She alleges the individual defendants have “willfully deprived” her and her minor daughter of the civil rights protections and privileges afforded to them by federal, state, and LAPS district laws, statutes, and policies.
“The individual defendants have not acted under the color of law and have knowingly and continually abused the power afforded them in their respective LAPS official capacities,” Daniels said.
Daniels states in the document that the New Mexico Civil Rights Act of 2021 abolished Qualified Immunity, effectively banning the legal defense that previously protected public officials in civil actions where the deprivation of rights is asserted. The NM Civil Rights Act of 2021 permits an individual to bring a claim against a public body or person acting on behalf of or under the authority of a public body for a violation of the individual’s rights, privileges, or immunities arising pursuant to the constitution of New Mexico. It also prohibits use of the defense of Qualified Immunity and mandates attorney fees.
Daniels said she is prepared to challenge the LAPS early Motion for Qualified Immunity “by establishing a history of the defendants’ willful use of power, repeated violation of Title VI and Title VII civil rights protections afforded to LAPS students, parents, and employees/contractor, non-adherence to established LAPS District policies and protections, acts of retaliation and targeting against (Daniels) and her minor child, J.D.” as well as “multiple occurrences where the deliberate concealment of acts of racialized trauma and racial aggression against marginalized and under-represented LAPS students and community members”.
Daniels asserts any Motion to Stay Discovery filing is an attempt to prevent the Court from having access to the large volume of historical, documented evidence that wholly substantiates the allegations in this complaint. She states that the defendants have privately acknowledged, admitted to, and frequently apologized for claims contained within her complaint and at no point privately denied the factual basis of the hers and her minor child’s legal claims.
Before ruling on the matter of the LAPS defendants’ early Motion for Qualified Immunity and Motion to Stay Discovery is ruled on, Daniels is requesting that the Court consider allowing the completion of the LAPS-initiated investigation being conducted by Treesineu McDaniel of Fagen Friedman & Fulfrost to be completed and the findings of the five-month investigation be submitted to the Court for review and consideration.
Quiñones, on behalf of LAPS, states that Daniels solely asserts federal claims against the LAPS defendants and insisted on moving the Daniels case from the First Judicial District Court to Federal Court, which could grant Qualified Immunity to LAPS meaning that LAPS public officials identified in Daniels’ lawsuit would be entitled “not to stand trial or face the other burdens of litigation” if the “complained of behavior did not violate clearly established law”. Quiñones stated in the document that he will be filing a Motion to Stay Discovery pending a decision on the Motion for Qualified Immunity.
Daniels has named 37 potential witnesses and four experts to be called a trial. Quiñones has indicated that he will call 11 witnesses and no experts.
A scheduling conference has been set for January 30 before Federal Magistrate Judge Laura N. Fashing in the U.S. District Court for the District of New Mexico.