Lucero v. County of Bernalillo, New Mexico
1:24-cv-00788
D.N.M.Nov 19, 2024Background
- Plaintiff Matthew Lucero, a former Youth Program Officer for Bernalillo County, alleges workplace discrimination and retaliation after severe COVID-19 illness and a separate work-related knee injury.
- Lucero claims his request for an accommodation (limiting work to eight hours per day) was denied, and he experienced harassment and retaliation upon return to work from both defendants Michael Ferstl and Darren James.
- Lucero filed complaints under the New Mexico Human Rights Act (NMHRA), New Mexico Workers Compensation Act (NMWCA), and the Family and Medical Leave Act (FMLA), seeking compensatory, punitive, and emotional distress damages.
- Defendants moved to dismiss the claims for failure to state a claim and to dismiss improper parties, also challenging the claimed remedies under statutory limitations.
- Plaintiff did not respond to the motion to dismiss. The court granted the motion to dismiss all defendants but allowed Lucero 30 days to amend his complaint. The pending motion for summary judgment was denied as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of allegations against individual defs | Ferstl and James harassed/retaliated for medical/leave claims | Allegations are conclusory, lack specific facts or conduct | Dismissed claims for lack of specificity and plausibility |
| Proper party for suit against county | Named County of Bernalillo as defendant | Proper party is Board of County Commissioners per NM law | Dismissed claims against County as improper party |
| Recovery of punitive/emotional distress damages | Sought punitive and (possibly) emotional distress damages | Statutes (NMHRA, FMLA) do not permit such damages | Dismissed such damage claims under those statutes |
| Proper statutory basis for wage loss/recovery claim | Claimed lost wages/benefits under FMLA | Only certain FMLA provisions allow for wage loss if actually suffered | Limited damages to actual lost wages provision of FMLA |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard requires sufficient factual matter to state a plausible claim)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (conclusory allegations insufficient to survive motion to dismiss)