State police pay Gallina man $380,000 to settle lawsuit

Aug. 6—A Gallina man's civil rights lawsuit against New Mexico State Police has been settled for $380,000.

Juan Chavez said he suffered a rotator cuff tear and a ruptured right chest muscle after Officer Alex Power kept him "cruelly and unnecessarily" handcuffed in the back of his squad car for nearly three hours.

Chavez "repeatedly, but to no avail, made Officer Power aware of the discomfort and pain he was in, as well as the severe anxiety he was suffering from the prolonged situation, even telling Officer Power he was being 'tortured,' " according to the lawsuit, which was filed in state District Court in 2023.

Chavez also said Power filed a criminal complaint against him that was "replete with false and misleading statements," including claims Chavez had "aggressively approached" the officer and "postured up in a violent manner with clenched fists."

"Officer Power initiated three criminal charges against [Chavez] in the absence of probable cause and did so maliciously," the lawsuit states.

State police spokesman Ray Wilson said Power is still employed by the agency and stationed out of Albuquerque.

Department of Public Safety spokesman Herman Lovato wrote in an email the department, which was named in the lawsuit as the defendant and Power's employer, "decided that reaching a settlement was the best outcome for all involved.

"In each case we remain committed to reviewing and addressing the practices involved," he continued. "Our focus is on improving transparency, accountability, and community relations. We are dedicated to thoroughly evaluating our current policies and procedures to identify areas for improvement and implement changes that promote fairness and respect for everyone."

The incident started around 10 p.m. July 9, 2022, when Chavez noticed a police car had stopped a vehicle he knew his daughter and niece were in across the street from his brother's house in Cuba, where he was helping peel cedar posts.

Chavez, who walks with an "obvious limp" due to a knee injury, walked toward the traffic stop and asked Power what was going on, the lawsuit states.

"Power became defensive and falsely accused [Chavez] of standing behind him," it states.

Chavez told the officer he wasn't standing behind him and again asked what was going on, prompting Power to order Chavez to turn around and put his hands behind his back, according to the lawsuit.

When Chavez asked why, the officer responded, "Because I said so," before advancing toward Chavez, who slowly backed away and kept his hands down by his side, the lawsuit states.

The officer then "put his finger" in Chavez's chest and handcuffed him, the lawsuit says.

Power prolonged the process of arresting Chavez by keeping him with his hands painfully cuffed behind his back while he chatted with another officer for 40 minutes before starting the hourlong drive to the Sandoval County jail in Bernalillo, the lawsuit says. Power then sat in his police cruiser for another hour outside the jail before taking Chavez inside for booking, according to the lawsuit.

The officer charged Chavez with assault on a peace officer and two counts of resisting, evading or obstructing an officer, according to the lawsuit. The lawsuit says there was a lack of probable cause for those charges.

Chavez spent 11 hours in jail and later pleaded no contest to one count of resisting arrest. He was sentenced to time served and just under a year of unsupervised probation, according to online court records.

The state dismissed the other two charges, the lawsuit states.

The lawsuit notes Chavez broke his right shoulder as a child and has suffered from low platelet count, recurring joint pain and severe anxiety and depression after undergoing a stem cell transplant to treat an aggressive form of leukemia.

"Being forced to sit with his arms twisted and his hands in cuffs behind his back for over two and a half hours caused [Chavez] to suffer excruciating pain, particularly in his shoulder area," the lawsuit states, adding his pain was "apparent" to Power since Chavez was "writhing in pain" and "continued to moan and complain" while in the backseat.

As a result of the officer's conduct, the lawsuit states, Chavez "has required medical attention for injury to his right shoulder and right chest area and continues to suffer serious physical pain, as well as severe emotional distress."

Follow Daniel J. Chacón on Twitter @danieljchacon.