Privacy vs freedom of speech: Deputies say Eddy County erred in releasing files
A pair of Eddy County Sheriff’s deputies sued the county for releasing their personnel files which were allegedly used to defame the officers on social media.
The lawsuit filed Jan. 16 in U.S. District Court for the District of New Mexico listed the Eddy County Board of County Commissioners and Jason Sanchez, the man who allegedly disparaged the plaintiffs online, as defendants.
It also listed Eddy County Human Resources Director Roxann Brannon and HR employee Jacqueline Lucas as defendants in the case.
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The lawsuit called for punitive damages determined by the court for violating Deputy Jared Rostro’s and Deputy Eric Threlkeld’s civil rights, wrongful disclosure under the Inspection of Public Records Act (IPRA), invasion of privacy and negligence.
Threlkeld and Rostro’s lawsuit accused the county of improperly disclosing the two deputies’ personal information to Sanchez via a request he filed under IPRA.
Sanchez then posted screenshots of the documents on Facebook page Eddy County Wall of Shame in March 2023 and later sued the deputies using the information he should not have had access to, the suit read.
"Obviously IPRA is a very important law in terms of shining a light, but there are limitations and restrictions on what can be released," said Roxanne Rodriguez, attorney for Rostro and Threlkeld. "In this case, the county disclosed more than what was allowable. There has to be a balance. Unfortunately, that balance was upended in this case. Mr. Sanchez took advantage of that for his own agenda."
Sanchez's lawyers filed a motion to dismiss the lawsuit against him, said attorney Ramon Soto who argued police were attempting to silence his client for publicizing officer misconduct.
"He's (Sanchez) has always been vocal against them (Eddy County Sheriff's Office)," Soto said. "Because he's so vocal, the deputies filed a lawsuit against him. That's a violation of his rights. He posted things of public concern on Facebook. They're public officials. You can do that. We're just trying to get his (Sanchez's) day in court and some accountability for the Sheriff's Office down there."
The legal dispute between the parties began in April 2023 when Sanchez sued Eddy County, Sheriff Mark Cage, Rostro and Threlkeld for alleged improper law enforcement actions. These complaints stemmed from Sanchez being charged with stalking the mother of his son as the couple litigated custody of the boy.
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Lucas allegedly submitted the officer's two personnel files to Eddy County Attorney Cas Tabor’s office, which, the deputies argued, were then improperly released to Sanchez, read the suit.
Tabor declined to comment on the case.
Screenshots of Rostro’s file were posted on the Eddy County Wall of Shame Facebook page on March 7, 2023, followed by Threlkeld’s three days later, read the suit, along with disparaging remarks by Sanchez.
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The Facebook posts have since been deleted, but the suit also accused Sanchez of continuing to disparage Rostro and Threlkeld on the page using information learned from the disclosure.
The complaint also contended that the County knew it had improperly disclosed the information, and subsequently released the information a second time to Sanchez with personal information redacted, then sent a third release of information after determining the county had redacted too much.
“Eddy County, Roxann Brannon, and Jaqueline Lucas knew or should have known that Jason Sanchez would wrongfully and intentionally attack Jared Rostro’s and Eric Threlkeld’s reputation with the information they placed in Jason Sanchez’s hands,” read the complaint.
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Were the personnel files exempt from disclosure?
New Mexico State law does provide some exemptions to IPRA related to personnel files, according to a guide published by the New Mexico Attorney General’s Office, when those documents contain an employee’s opinion, but not for factual reports.
IPRA also exempts records of disciplinary actions taken by a government or law enforcement agency, as such information is deemed opinion, meaning it would be redacted from any records disclosed under the law.
Details like work history and salaries can be disclosed under IPRA, the guide read, as factual information and a matter of public record
“This exception extends only to information that is a matter of opinion. Factual information or other public information is not protected merely because it is kept in employee or student files,” read the guide.
The law also exempts information related to ongoing criminal investigations, including interviews with sources, investigation methods and people accused but not charged with a crime.
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Sanchez’s dispute with Eddy County dates back to 2017
The investigation and ultimate charges against Sanchez originated in 2017, when Sanchez said Rostro began investigating him for violation of a protective order.
Sanchez, via his complaint, said police lacked evidence that he stalked the woman to justify an arrest warrant filed in June 2018. The Carlsbad Current-Argus does not name survivors of alleged domestic violence.
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He was arrested in San Antonio on Sept. 28, 2018 for aggravated stalking and violating the restraining order, and extradited to New Mexico to face the charges, read the complaint.
In August 2019, Sanchez was convicted on one count of aggravated stalking after a jury trial. He was sentenced to 18 months in prison, but was credited for 18 months presentence confinement, for the stalking charge and sentenced to 364 days in prison, credited 20 days and granted probation for 284 days, the complaint read.
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Sanchez appealed his conviction, and it was reversed by the New Mexico Court of Appeals in January 2023, citing language in the order of protection that did not bar Sanchez from contacting the woman and barring a retrial on the grounds of "double jeopardy" meaning a person cannot be tried a second time after being acquitted.
In his lawsuit, Sanchez alleged Rostro had a “close relationship” with the woman and that led the deputy to “strongly dislike” Sanchez and pursue the charges, while communicating those feelings to Threlkeld and Cage, read the complaint.
He requested the Sheriff’s Office conduct and internal investigation on the matter. According to the complaint, such an investigation found no wrong doing.
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Sanchez argued the Sheriff’s Office had a “pro-arrest” policy for domestic conflicts, leading to baseless charges.
“As a result of this policy, Defendant Cage and Defendant Eddy County have a custom of arresting and prosecuting individuals without sufficient evidence to convict a person for violating a restraining order,” the complaint read.
Sanchez's attorney Taylor Smith said the public had a right to know about potential human rights abuses by law enforcement.
"We want this information to get out about officer misconduct," Smith said. "We just hope the courts do the right thing for people like Jason. Their lawsuit is targeting him for protected speech."
Rodriguez, attorney for the deputies said the lawsuit filed against Sanchez was not intended to retaliate, but protect the privacy of Threlkeld and Rostro.
"You are entitled to some level of privacy," she said. "He's (Sanchez) been after them for several years in any way, shape or form. There are boundaries."
Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on the social media platform X.
This article originally appeared on Carlsbad Current-Argus: Eddy County sued by deputies for release of personnel files
