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Lawsuit and search warrant for Asian Massage

Lawsuit and search warrant for Asian Massage

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Published by Magdalena Wegrzyn
A woman is suing the San Juan County Sheriff and his deputies for what she says was a civil rights violation during a prostitution sting at her Farmington massage parlor.
A woman is suing the San Juan County Sheriff and his deputies for what she says was a civil rights violation during a prostitution sting at her Farmington massage parlor.

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Categories:Business/Law
Published by: Magdalena Wegrzyn on Jun 20, 2013
Copyright:Attribution Non-commercial

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08/05/2013

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FILED
INMY OFFICE
DISTRICT
COURTCLERK51171201312:27:16
PM
WELDONJ.
NEFFLainie
TATE
OF FIEW
MEXICO
COI]NTY
OF
SAI\I
JUAN
ELEVENTIIJUDICIAL
DISTRICTIN
TIIE
DISTRICT
COTJRT
wEI
LU,Plaintiff,
vs.
KENCHRISTESEN,
)
Individually
and
in
his
official
capacity
)
as
San
Juan
County
Sheriff,
)
San
Juan
County
Sheriffs
0ffiee,
)
Alan
Jamison,
)
Individually
and
in
his
official
capacity,
)
No.D-1116-CV-2013-00662
JacobSanche4
)
Individually
and
in
his
official
capacity
)
David
McCall,
)
Individually
and
in
his
official
capacity,
)
Defendants,
)
COMPLAINT
COME
NOW
the
Plaintiff by
and
thoughher
attorney,
Christian
A.
Hatfield,
Tucker,Burns,
Yoder
&
Hatfield,
and
for
her
cause
of
action
state
as
follows:PARTIES/JURISDICTION
L
Plaintiff
is
an
Asian-Americanresident
of
San Juan
County,
New
Mexico
whose
primary
language
is Mandarin
Chinese and
who is
employed
as a
massage
therapist
duly
licensedby
the
State
ofNew
Mexico
Public
Regulation
Commission.
2.
Plaintiff
is
theowner
and
proprietor
of
Asian
Massage, a massage
therapy
business
located atZA3
South Orchard,
Farmington,
New
Mexico.
3.
Defendant
Christensen
is
an
individual
resident
of
San
Juan
Countyemployed by
the
San
Juan
CountySheriff
s
Deparhnent
and
acting
under
color
of
state
law
at
all
times
relevant
hereto.
 
4.5.6.7.
Defendant Jamison is
an
individual
resident
of
San
Juan
Countyemployed
bythe
San
Juan
County
SherifPs
Department
andacting
under
color
of
state
law at
all
timesrelevant
hereto.Defendant
Sanchez
is
an
individual
resident
of
SanJuan
Countyemployed by
the
San
Juan
County
SherifPs
Department
and
actingunder
color
of
state
law at all
timesrelevant
hereto.Defendant
McCall
is
an
individual
resident
of
San
Juan
Countyemployed by
the
San
Juan
County
Sheriffs
Department
and
acting under
color
of
state
law at
all
timesrelevant
hereto.DefendantsJamison,
Sanchez, and
McCall(collectiveln
the
"SET''defendants),
are
members
of
the
San Juan
County
Sheriffs
Office
Special
Enforcement
Team,
a
divisionof the
SJCSO
created
withpublic
funds,according
to
the
SJCSO
web
site,
to
"identifu,
arrest
and successfully
prosecute
recidivists,"
"targetfi
repeatoffenders,"
"dismanfle[e]criminal
groups,"
and
address
"quality
of
life"
issues; as
part
of
its
mission
statement,
SET
notes
that
while
most
police
actions
are
reactive
(i.e.
investigating
crime
and
arresting
criminals),SET
is
proactiveand
*not
limitedby
catch slogan names
or
specific
job
stipulations/requirements."
DefendantsSan Juan County SherifPs
Office
(SJCSO)
and
San Juan
County
are
public
entities
subject
to
suitunder
the
New Mexico Tort
Claims
Act,
$
4l-4-l
et seq.
NMSA
1978,
which
specificallyprovides
for
a
waiver
of
immunity
where
a
law
enforcement
offrcer
has
caused
the
deprivation
of
rights
secured
under
the
lawsorconstitutions
of
the
United
States
or
New
Mexico.
Id.
5
4l-4-12.
8.
 
9.
San
Juan
County
receives
state
andfederal
funding
and
is
required
to
comport
withthe
lawsand
constitutions
of
the
State
of
New
Mexico
andtheUnited
States
of
America.
10.State
district
courts
shareconcurrent
jurisdiction
with
federalcourts
over
42
U.S.C.
$
1983
claims
for
the denial
of
constitutional
rights.
TORT
NOTICE
ll.Tort
Claim
notice was
properly
sent
to
San Juan
County
by
certified
mail
onNovember
7,2012,
pursuantto
NMSA
$
4l-4-1.FACTUAL BACKGROUND
12.
At
some
point
prior
to
the
raids
of
October
30, 2012
and thereafter-described
below-defendants,
by
surfing the
internet(asdetailed
in
their
affrdavitsand
other
documents
related
to
the
criminal
cases
described
herein), and,
oninformation
and
belief,
based
on what
a
guy
in
a
bar
told
one
of
the
defendants,
came
to
believethat
plaintifFs
massagebusiness,
being
"owned
by
an
Asian,"
was
"possibly
ahouse
of
prostitution."
13.
Beginning
in
August
or
September
of
2012
SET
operatives
proceeded
to
set
up
surveillance
on
plaintiff
and
her
employee,watched
themwalk
to
their
home inFarmington
and noted
thatneither
woman
walked
toor from
anyother
business
or
residence
than
their
own
house
and
place
of
work.
14.
On
informationand
beliefno
such surveillance
or
targeting
of
any
non-Asian
massage
therapist, physicaltherapyor
other
place
of
business
has been
thesubject
of
SET's special
operations
in
SanJuan
County,
nor
have
therebeen
anyother like
prosecutions
in
San
Juan
County
courts.

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