BY MAIRE O’NEILL
maire@losalamosreporter.com
An amended complaint has been filed by Los Alamos High School parent and former LAPS consultant Luckie Daniels against the Los Alamos Public Schools Board, Supt. Jennifer Guy and Asst. Supt. J. Carter Payne. Daniels initially filed her complaint in the First Judicial District (state) Court but the case was moved to Federal District Court by attorney Carlos Quinones who represents LAPS.
Moving the case to the Federal District would have provided LAPS board members and administration the ability to seek qualified immunity whereas in the state court, the New Mexico Civil Rights Act of 2021 prohibits a public body from using the defense of qualified immunity for causing the deprivation of any rights, privileges or immunities secured by the bill of rights of the constitution of New Mexico. The Act provides that a person can “maintain an action to establish liability and recover actual damages and equitable or injunctive relief in any New Mexico district court”.
Daniels, who is a pro se litigant in this case, has submitted the required paperwork to the Federal District Court including an unopposed amended complaint. Amended Complaint – Daniels FILED 022124 (1).pdf
The initial complaint was filed November 27, 2023. The amended complaint adds a second plaintiff, JD, Daniels’s minor daughter. Daniels also added details and allegations that were not contained in the initial complaint.
The Los Alamos Reporter previously reported on the November 17, 2022 visit by Public Education Department officials to Los Alamos High School and Los Alamos High Middle School (invited by former Supt. Jose Delfin) in the aftermath of an incident where LAMS football players chanted “Go back to the Rez” in their locker room following a game against Santa Fe Indian School. She used documents obtained from the Public Education Department by Daniels under the Inspection of Public Records Act related to a follow-up meeting attended by PED and LAPS staff as well as a recording of portions of the meeting. There were multiple blank pages in in one of the documents with no reason for redaction given by PED.
Last week PED sent Daniels an IPRA response that included 4 pages of notes describing what allegedly happened during the November 27, 2022 visit by PED staff to LAHS and LAMS. The document describes some of what allegedly transpired and was said by students during the two meetings. Initially, the author’s name was not noted, however in response to an email from Daniels, PED Records Custodian Beverly Friedman said the document was written Julia Rosa Emslie, PED Director of Hispanic Education who was a member of the team that visited LAPS “as her own individual notes and not created on behalf of the PED or for the purpose of a file or other source document of the PED”.
The document contains allegations that parents were not notified that their students would be meeting with PED officials and that there were no ground rules for what was to be discussed with the students. See full document here: LAPS HR NOTES (1).pdf
Those in attendance from PED were: Dr. Vickie Bannerman- Deputy Secretary, Identity, Equity and Transformation; Simone Vann, Director of Identity, Equity and Transformation; Julia Rosa Emslie, Director of Hispanic Education; and Alicia Bailey, FII and Innovative Coordinator
The amended complaint also includes details of a grievance filed against LAPS Director of Inclusive Schools Andrea Determan and Supt. Guy that followed correspondence between Determan and the NAACP related to Luckie Daniels and her daughter.
Anticipated next is possible response from LAPS to the amended complaint and a motion from Daniels seeking a remand of the case to District Court.