New Mexico League of United Latin American Citizens

P.O. Box 1324

Las Cruces, NM 88004

TO:

Ms. Margaret Moran, LULAC National President

Mr. Baldomero Garza, LULAC National V.P. Southwest Region
Mr. Brent Wilkes, National LULAC Executive Director

THRU:

Ms. Jessica Inz Martnez, NM LULAC State Director

NM LULAC Board of Directors

FROM:

Paul Pablo A. Martinez, Past State Director

Dennis W. Montoya, NM LULAC State Executive Director and NM
LULAC Civil Rights Chair

DATE:

January 14, 2015

RE:

Letter of Engagement
Amicus Brief- USA v. City of Albuquerque 14-CV-1025-RB-SMV

RECAP OF FACTS:
The New Mexico LULAC State Board has been following the case of USA v. City of
Albuquerque. The Board has voted to become an amicus curiae and file an amicus brief
through NM Attorney Antonio Moe Maestas.
The amicus brief will be addressing a settlement agreement entered into between the
United States Department of Justice and the City of Albuquerque. The attached
settlement agreement in the above referenced action is submitted herewith for your
review and retention.
NM LULAC is particularly interested in the Plaintiffs action due to the fact that it was
NM LULAC that requested the intervention of the US Justice Department to investigate
numerous incidents of excessive use of force by the Albuquerque Police Department,
including many of which resulted in death, as well as other instances of civil rights abuse.
These cases have in fact attracted national media attention and adverse public reaction.

COSTS:
The proposed amicus brief will not incur any cost to National LULAC. This is a state
case and the Attorney(s) in this will be paid filing fees. NM LULAC with other
participating parties in this Amicus brief will argue that certain aspects of this settlement
agreement dont meet the expectations to properly and justly remedy the ongoing
situation. We believe and concur with the USDOJ that violations of civil rights have
occurred in both Police involved shootings and excessive use of force incidents that will
require a consent decree with strict measures and actions to remedies the ongoing
violations of civil rights.
In entering this Amicus Curiae (friend of the Court) action, NM LULAC is acting in a
manner consistent with our National policy and platform with respect to protecting the
sanctity of the Civil Rights and the US Constitution.
This will hold harmless and not incur any legal cost or obligations to either the National
LULAC Organization or the National LULAC Institute.
LEGAL TEAM:
The legal team will consist of Antonio Moe Maestas, Albuquerque area attorney and
State Legislator who will serve as the legal representative for purposes of the amicus
brief.

NOTICE OF ENGAGEMENT:
NM LULAC is incorporated as a non-profit domestic corporation in the state of New
Mexico. We are technically a separate and an autonomous entity. However, we are
affiliated with National LULAC. Each council in our respective jurisdiction pays a
franchise fee (Charter and Dues). We are hereby submitting this letter of intent and desire
to engage in litigation as outlined above.
LULAC National Constitution, By-laws and Protocol, Article XII, Section 13
Litigation reads as follows:
a. Whenever any legal action or proceeding is initiated by or against any LULAC
council, council agrees to cooperate with LULAC to protect the organizations
name and interests and to protect LULAC from the unauthorized use by anyone or
any party litigant who does not have authority from LULAC to make use of the
name in any legal action or proceeding. Council shall notify the LULAC National
Office promptly after it initiates any legal action or after it receives notice through
legal service of process that LULAC is named as a party defendant. In either case,
Council will submit a copy of the pleadings setting out the names of the parties,

the cause number, the name of the court wherein the case lies, and the details of
the case or controversy;
b. Council agrees to maintain the high standards of LULAC in its use of the
organizations name whenever it initiates any legal proceeding.
Through this communication and coupled with the fact that we have met telephonically
with Acting National LULAC President to discuss this matter, we have complied with the
above referenced Constitutional provisions.
We request support from National LULAC in name only for NM LULAC to proceed as
plaintiffs accordingly.
The New Mexico LULAC State Board has named Dennis W. Montoya, Ralph D.
Arellanes, Sr. and Paul A. Martinez to assist in the coordination of this effort along with
Antonio Moe Maestas.
Thank you for your prompt attention to this matter.

Sincerely,
Paul Pablo A. Martnez
Past NM LULAC State Director
For NM LULAC State Board

Dennis W. Montoya
NM State Executive Director