NEWS

American Civil Liberties Union of New Mexico
Media Relations Office
PO Box 566
Albuquerque, NM 87103
Tel: 505-266-5915
Fax: 505-266-5916
www.aclufl.org

ACLU Claims Sexual Abuse by Jail Guard

Corrections company, Warden accused of ‘gross negligence’

FOR IMMEDIATE RELEASE:

Tuesday, January 24, 2006
CONTACT:
Peter Simonson, Executive Director, ACLU of New Mexico at 505-266-4622 or (cell) 505-620-0775

Stephen Pevar, Senior Legal Counsel, national ACLU (860) 293-1559

Albuquerque – Attorneys for the American Civil Liberties Union (ACLU) have filed claims of sexual abuse and ‘cruel and unusual punishment’ against a McKinley County detention officer, Brian Orr, on behalf of two female inmates from Wyoming. The lawsuit also accuses the jail’s acting warden, Gilbert Lewis, the board of McKinley County commissioners, and the company that managed the jail, Management and Training Corporation, of negligence and failure to properly train and supervise officer Orr.

During 2003, Sheila Black and Cristy Herden were incarcerated at the McKinley County jail pursuant to a housing contract between McKinley County and the Wyoming Department of Corrections to relieve overcrowding in Wyoming’s main prison for women. Orr repeatedly sexually assaulted the two women and photographed them in the nude, causing the women physical injury and severe psychological and emotional distress.

“If proper safeguards had been in place, these assaults may never have occurred,” said Peter Simonson, Executive Director for the ACLU of New Mexico. “Jails aren’t supposed to be pleasant places. However, prisoners are entitled to basic rights, and protection against predatory guards certainly is one of them.”

New Mexico ACLU attorneys Kari Morrissey, Phil Davis, and George Bach are litigating the case in collaboration with Stephen Pevar, Senior Staff Counsel for the national American Civil Liberties Union.

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Peter G. Simonson
Executive Director | ACLU of New Mexico
PO Box 566 | Albuquerque, NM 87103
Tel: (505) 266-5915 | Fax: (505) 266-5916

ACLU-NM Members:
The legislature convenes today for a short (30 day) session ending on February 16.
Although ACLU-NM is not initiating any new legislation, we will be watching and opposing several possible bills.

These bills may include issues around

Real ID (a federal driver’s license law – see our press release on our web blog)
Mandatory enhancements on sentences (for crimes involving gang members)
Mandatory outpatient mental health treatment for prisoners (religious freedom issues)
Mandatory life sentences for convictions involving victims under 10 years old (or with the intent to kill or torture a child)
DOMA (Defense of Marriage Act proposing a Constitutional amendment defining marriage as only between a man and a woman)
Definition of beginning of life (Constitutional amendment, anti-choice/abortion)
Teaching Intelligent Design (memorial possibility)

We, Diane Wood, our lobbyist, and me, Joyce Briscoe, will be keeping our ACLU-NM members (and coalition partners, such as Religious Freedom Coalition and Equality New Mexico) informed of legislative actions through e-mail list serves and web blog updates. You can reach our web blog by clicking on the upper right corner of our website, www.aclu-nm.org.

R e m e m b e r
To call the legislative switchboard at the Roundhouse: 1.505.986.4300
Write your Representative or Senator at the NM Legislature
State Capitol
Santa Fe, NM 8750l

Thank you for your active membership during this legislative session !

Joyce Briscoe
Legislative Advocate
ACLU of New Mexico
PO Box 566
Albuquerque, NM 87103
go to our website at www.aclu-nm.org

Study Shows New Mexico MVD Pessimistic on Federal Driver’s License Law

Agency Views Anti-terror Law as Costly for Tax-payers, “Politically Sensitive”

FOR IMMEDIATE RELEASE: Tuesday, January 12, 2005
CONTACT:
Peter Simonson, Executive Director, ACLU of New Mexico at 505-266-4622 or (cell) 505-620-0775

Albuquerque—Newly obtained documents reveal that New Mexico state officials are concerned that federal legislation called the Real ID Act will require extensive changes to existing practices at the New Mexico Motor Vehicle Division, will be extremely difficult to implement by the Act’s deadline, and will carry heavy expenses that will have to be absorbed by New Mexico taxpayers and license applicants. The Act, passed by Congress last spring, imposes federal regulations on the design, issuance and management of state driver’s licenses –turning them, for all practical purposes, into federal identity papers.

“Civil liberties groups, conservative groups, immigration groups – we’ve all been saying that Real ID will be a real disaster and needs to be revisited by Congress,” said Peter Simonson, Director of the New Mexico American Civil Liberties Union. “These documents indicate that New Mexico Motor Vehicle Division officials – the people actually responsible for carrying out this ill-conceived law – also have serious concerns about Real ID.”

The documents are part of a national survey of state motor vehicle officials’ views and preparation for complying with Real ID that was conducted by the American Association of Motor Vehicle Administrators (AAMVA). The documents were first reported today by the Associated Press. A copy of New Mexico’s response to the survey was obtained by the ACLU.

“New Mexico officials are right to be concerned,” said Simonson. “Real ID not only means a national ID, but it will mean higher taxes and fees, longer lines, repeat visits to the motor vehicle offices, bureaucratic snafus, and, for a lot of people, the inability to obtain a license. To top it off, it will do little if anything to prevent terrorism.”

Simonson noted that the national survey responses showed that the concerns expressed by New Mexico officials are broadly shared by motor vehicles administrators around the United States. For example, no state that responded to the survey seems to believe it is possible in the near future to link all the motor vehicle information databases between all states, as the statute requires. And 3 in 4 states reacted with “medium” to “high” concern to Real ID’s extensive new document-verification requirements, which they said would involve major systems changes and increased hiring – and that is assuming that AAMVA or the federal government will build electronic systems for verification.

In the survey, New Mexico officials wrote that legislative action would be required to implement most of the REAL ID Act requirements, some because of their “political sensitivity,” and most because they would require new state funding. At the conclusion of the survey, officials queried, “Where is the funding coming from?”

“This document is a cry for help by our MVD,” said Simonson. “Fortunately, the opposition to this bill is so broad – and is becoming broader as more people figure out what it would do and what it would cost – that there is a very good chance that we can force Congress to take it up again.”

“Congress needs to do this right and actually hold hearings, listen to all the different interests and real-world practical difficulties, and give it an up-or-down vote, none of which happened when it was rammed through last spring,” said Barry Steinhardt, director of the national ACLU’s Technology and Liberty Project. “New Mexicans need to join with others around the country and help block this disastrous law before it’s too late.”

New Mexico’s response to the AAMVA survey along with other documents is attached and online at www.realnightmare.org.