The children of a man shot and killed by an Albuquerque police officer will receive $375,000 in a legal settlement from the city, four years after they first sued the city of Albuquerque. On Tuesday morning, state court judge Denise Barela-Shepherd approved the settlement agreement between city attorneys and lawyers for the three children of Mickey Owings. Alicia Manzano, a spokeswoman for Albuquerque Mayor Tim Keller, said her office had not recieved the official order from Barela-Shepherd. “The city is awaiting the court order that approves the settlement and dismisses the case,” Manzano wrote in a statement to NM Political Report. In a prior statement, Manzano noted this was one of the last few pending cases carried over from the previous administration.
The City of Albuquerque agreed to a still-undisclosed settlement in a four-year-old lawsuit filed by the minor children of a man who was shot and killed by police. The agreement came Friday, just two days before a jury trial for the lawsuit was set to start. Three children of Mickey Owings filed a lawsuit against the city in 2014 after the U.S. Department of Justice included Owings’ death in its scathing report of the Albuquerque Police Department and its use of excessive force. A spokeswoman for Albuquerque Mayor Tim Keller confirmed the city and the children’s attorneys agreed to settle, but she declined to provide details before a state district court judge approves the agreement. “The parties reached an agreement on the Owings case, which is one of the last few remaining cases still pending from the previous administration listed in the DOJ report,” the mayor’s spokeswoman Alicia Manzano said.
Two polls are out on Albuquerque’s mayoral race. And it looks like there will be a runoff, with State Auditor Tim Keller running in the lead. If no candidate receives 50 percent of the vote, voters will then decide between the top two candidates in a November runoff election. The first round of voting takes place on October 3. A KRQE-TV poll released earlier this week showed 22 percent of registered voters would support Keller in next month’s mayoral election.
Albuquerque resident Stella Padilla’s mayoral run is most likely over after the New Mexico Supreme Court denied her petition to overturn a state district court judge’s decision to dismiss her suit seeking to place her on the ballot. Padilla’s lawyer, Blair Dunn, told NM Political Report he may still take the issue to the state court of appeals, to “at least fix the law even though it won’t help Stella.”
For now though, Dunn said there is “no other real recourse” for his client. Dunn expressed his disappointment with the high court and their swift decision not to hear the case. Dunn filed the petition on Monday. By Tuesday afternoon, the Supreme Court denied it without explanation.
An Albuquerque mayoral hopeful who sued the city and said she was wrongfully disqualified from the ballot is now taking her case to the New Mexico Supreme Court. Stella Padilla sued the city, specifically naming City Clerk Natalie Howard, in an attempt to get her name on the city ballot this October. This came after Howard ruled Padilla did not have enough signatures to make the mayoral ballot.[perfectpullquote align=”right” cite=”” link=”” color=”” class=”” size=””]The state’s best political coverage. [/perfectpullquote]Last week, district judge Nancy Franchini ruled Padilla could not sue to reinstate qualifying petition signatures. Franchini ruled to dismiss the lawsuit, agreeing with city attorneys that only petition signers could file such a suit.
An Albuquerque woman who says she was erroneously disqualified from the upcoming mayoral election is threatening a federal lawsuit, and has also asked city authorities to dismiss a protective order by the city against her. Albuquerque lawyer Blair Dunn filed a motion Wednesday evening to dismiss a protective order the city’s legal team filed on behalf of City Clerk Natalie Howard. The city filed the order after Howard alleged she was harassed by Vanessa Benavidez, the daughter of mayoral hopeful Stella Padilla. If approved by a judge, the city’s proposed order would prevent anyone associated with Padilla’s campaign from interacting with Howard.[perfectpullquote align=”right” cite=”” link=”” color=”” class=”” size=””]No ads. No clickbait.
A unanimous New Mexico Supreme Court opinion this week will allow family members of a man killed by Albuquerque police to seek damages in district court. But, the decision also set a statewide precedent that would allow families to sue for damages even after the time limit for a wrongful death claim expires. All five justices agreed in an opinion filed Monday that the children of Mickey Owings can move forward with a lawsuit against the City of Albuquerque and the Albuquerque Police Department for loss of consortium damages, or damages from losing a spouse or parent. Owings was killed by an officer who was part of the now-disbanded Repeat Offender Project unit of APD in 2010. The city’s legal department issued a statement NM Political Report, similar to one issued to the Albuquerque Journal for a story earlier this week, noting that the Owings case will be heard in a lower court.
The theatrics continued with a lawsuit from Stella Padilla, who wants to run for mayor, alleging Albuquerque’s city clerk failed to properly count petition signatures. The City of Albuquerque filed a protective order Monday against Stella Padilla’s daughter alleging the daughter twice harassed and tried to intimidate City Clerk Natalie Howard. Padilla originally sued Howard in her official capacity as city clerk, alleging her office improperly vetted campaign petition signatures. An affidavit outlines two encounters Howard had with Padilla’s daughter, Vanessa Benavidez, over the past two months. [perfectpullquote align=”right” cite=”” link=”” color=”” class=”” size=””]Support NM Political Report’s quality journalism.
Former Albuquerque mayoral candidate Stella Padilla Tuesday asked a district judge to allow her to run as an official candidate until her lawsuit against the city clerk over the candidate’s removal from the ballot is finished. Padilla’s lawyer, Blair Dunn, filed a temporary restraining order in district court that, if granted, would allow Padilla to run as a candidate. In his request, Dunn wrote that allowing Padilla to run as an official candidate would not harm the city. But, Blair wrote, Padilla would suffer irreparable harm if she is not allowed to run her campaign until after the court case is completed. “There is no monetary remedy that could be established to replace or compensate [Padilla] for the type of opportunity she will be deprived of seeking to participate in during the pendency of this lawsuit,” Dunn wrote.
The City of Albuquerque was hit with a scam, costing the city at least $400,000. That’s according to the State Auditor, who reported the state’s largest city was the second state entity to be hit with the same fraud scheme this week. Earlier this week, the State Auditor reported the scheme resulted in a loss of $200,000 for a construction project at the San Antonio Elementary School in Socorro. Both the Socorro Consolidated School District and the City of Albuquerque contacted the State Auditor’s Office after they learned of the scam. The scheme involves a request by scammers to request to change vendor payment information.