Aug. 10 – The state of New Mexico spent $114,765 fighting a civil rights lawsuit filed by a Gallina man against state police in 2023, before agreeing to a $380,000 settlement in 2024.
According to the state Department of General Services, the total cost to taxpayers is nearly $500,000.
Juan Chavez filed the complaint in connection with his 2022 confrontation with New Mexico State Police Officer Alex Power, alleging that Power used excessive force and made false accusations against him.
Chavez was at his brother’s house in Cuba when he saw a state police trooper pull over a vehicle carrying several family members, including his niece and daughter. He later learned that the youths had forgotten to turn on their lights after exiting a McDonald’s drive-thru, the complaint said.
Chavez — who walks with a limp — “walked slowly across the street toward the scene of the traffic stop,” according to his complaint. When he asked Power what was going on, the complaint says, “Officer Power became defensive and falsely accused him [Chavez] to stand behind him.” Power handcuffed Chavez, arrested him and held him for hours with his hands cuffed behind his back — injuring his shoulder and chest — before filing a criminal complaint against him “rife with false and misleading statements,” the lawsuit said.
Chavez pleaded guilty to one count of resisting arrest. He was sentenced to time served and unsupervised probation, according to online court records.
Power continues to be used by the agency. A Department of Public Safety spokesperson wrote in an email that the department “decided that reaching a settlement was the best outcome for all involved.”
