New Mexico Inmate Civil Rights Practice

Protecting the Rights of Incarcerated Individuals in New Mexico's Jails & Prisons

WHEN THE SYSTEM FORGETS YOU, WE DON'T.

Every day, people in New Mexico's prisons and jails have their constitutional rights violated. Courts issue release orders that go ignored. Detention facilities impose punishments without due process. Incarcerated individuals are denied essential medical care or held beyond their release dates, discharge dates, or max-out dates.

The system might forget you. We won't.

OUR APPROACH

At Stalter Law, we believe that no matter who you are or what you've done, you deserve to have your legal rights respected. The rule of law means that everyone – including prisons, jails, detention centers, and government agencies – must follow the rules.

Our prisoner civil rights practice focuses on:

• Overdetention & Wrongful Detention Cases: When facilities hold people beyond their lawful release dates, discharge dates, or max-out dates; when you're illegally incarcerated or wrongfully held past your due date

• Illegal Arrest & False Imprisonment: When you're arrested without legal justification or improperly detained after a court has ordered your release

• Due Process Violations: When prisoners are placed in restricted housing, solitary confinement, segregation, SHU, or RHU without proper hearings or notifications

• Medical & Dental Care Neglect: When facilities fail to provide necessary medical treatment, ignore serious health conditions, or deny prescribed medications

• Parole Violations & Improper Revocation: When you're wrongfully returned to prison for alleged parole violations without proper hearings or evidence

• Violations of the NM Civil Rights Act & Federal §1983 Claims: When state actors violate rights protected by the New Mexico or U.S. Constitution

Unlike many attorneys, we conduct a thorough investigation before taking a case. We gather documentation, review evidence, and build a clear picture of what happened. This approach allows us to bring forward cases with the strongest chance of success, whether against state prisons, private prison operators like MTC, or county detention centers.

WHY CHOOSE US FOR YOUR PRISONER CIVIL RIGHTS CASE

COMMITMENT TO TRUTH

We don't promise the moon. We give straight answers about what's possible and what isn't. If we take your case, it's because we genuinely believe we can help you achieve a meaningful result. We've seen too many incarcerated individuals receive empty promises from attorneys who don't understand prison litigation.

INSIDER KNOWLEDGE OF THE PRISON SYSTEM

Having worked as both a prosecutor and a contract public defender, attorney Ken Stalter understands how the criminal justice system operates from multiple angles. This comprehensive perspective helps us identify violations that other attorneys might miss. We understand sentencing calculations, good time credits, parole procedures, and the often-hidden policies that govern New Mexico's correctional facilities.

PROVEN RESULTS IN PRISONER CIVIL RIGHTS CASES

We've secured compensation for clients illegally held beyond their release dates, forced facilities to provide needed medical care, and even used media pressure to secure the release of individuals when the system ignored court orders. Our thorough pre-litigation investigation process means we build strong cases from the start.

CASE HIGHLIGHTS

Johnny M. – When NMCD ignored a judge's order for Johnny's immediate release just before Christmas, we leveraged media attention to force their hand. Johnny was wrongfully detained despite a clear court order. We secured his release and obtained compensation for his illegal incarceration and overdetention.

Victor C. – When parole officers wrongfully arrested Victor despite a judge's release order, Victor experienced false imprisonment at both Curry County Detention Center and Otero County Prison Facility. We held multiple agencies accountable for their disregard of the court's authority and obtained a settlement for this unlawful detention.

Ruby C. – When NMCD and the Parole Board couldn't be bothered to process Ruby's discharge certificate, causing her to be held past her max-out date for an extra month, we fought for compensation for this blatant overdetention case.

Mitchel M. – We discovered that Mitchel had been serving an illegal sentence for years when the Parole Board failed to conduct mandatory hearings. We successfully petitioned to have his sentence overturned, addressing years of wrongful imprisonment.

Neil S. – When government agencies falsely claimed that certain information about Neil's case didn't exist, we used evidence logs to prove them wrong and pursued IPRA (Inspection of Public Records Act) claims to get him the information he needed to fight his case.

THE DOCUMENTATION DIFFERENCE

Strong civil rights cases require compelling evidence. Many prisoners and their families don't realize that documenting violations from the start can make or break their case later. We help clients understand:

• What documents they should preserve when their rights are violated

• How to effectively navigate and exhaust the prison grievance process (a critical step for many claims)

• What rights they have to access their own medical records, good time figuring sheets, and disciplinary records

• How to create a paper trail that will stand up in court

• How to document communications with prison staff and administration

• What to do when prison officials refuse to provide required documentation

• How to preserve evidence when critical paperwork "disappears" in the system

DEADLINES MATTER

Many prisoner civil rights claims have strict deadlines and notice requirements that can derail even the strongest case if missed:

• 90-day notice requirement under the New Mexico Tort Claims Act

• Different statutes of limitations for various types of claims (2-3 years depending on the claim)

• Grievance process deadlines that must be followed to preserve federal claims

• Notice requirements under the New Mexico Civil Rights Act

If you believe your rights have been violated in a New Mexico detention facility, don't wait to get help. The clock is ticking on your ability to seek justice.

FIGHTING FOR YOUR RIGHTS IN ALL NEW MEXICO FACILITIES

We handle civil rights violations in all types of New Mexico correctional facilities:

• State Prisons operated by New Mexico Corrections Department (NMCD)

• Private Prisons operated by companies like Management & Training Corporation (MTC)

• County Detention Centers throughout New Mexico

• Halfway Houses and other re-entry facilities

Whether you're dealing with overdetention at Otero County Prison Facility, due process violations at a county jail, or medical neglect at any NMCD facility, we understand the specific rules and regulations that apply.

CONTACT US

If you or a loved one has experienced a civil rights violation in a New Mexico prison or jail, contact us today for a consultation. While we can't take every case, we promise to give you an honest assessment of your situation and help you understand your options.