Way v. Probation and Parole
1:23-cv-00223
D.N.M.Mar 11, 2025Background
- Raheem Way, a New Mexico state prisoner, alleges that he was housed for nearly a year with an inmate who sexually and physically assaulted him, despite repeated reports to prison officials.
- Way claims the assaults occurred due to a classification error and that his pleas for help were ignored by correction officers and PREA (Prison Rape Elimination Act) officials.
- The New Mexico Corrections Department substantiated his allegations of sexual abuse.
- Way, proceeding pro se, brought claims under 42 U.S.C. § 1983, the Federal Tort Claims Act (FTCA), the New Mexico Tort Claims Act (NMTCA), and the New Mexico Civil Rights Act (NMCRA) against several prison officials in both their official and individual capacities.
- Defendants moved to dismiss all claims; the case is before the court on that motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| § 1983 claims against officials in official capacity | Officials' inaction made state liable under § 1983 | Eleventh Amendment bars such claims | Dismissed |
| § 1983 claims against officials in individual capacity | Officials showed deliberate indifference to Way's safety | Complaint lacks sufficient factual allegations | Survives; claim proceeds |
| Federal Tort Claims Act | FTCA applies to conduct of defendants | Defendants are not federal employees | Dismissed |
| New Mexico Tort Claims Act | State tort claims are actionable in federal court | Claims must be brought in state court | Dismissed |
| New Mexico Civil Rights Act | NMCRA claims apply to these defendants | Act does not waive immunity for federal suits; individuals not proper defendants | Dismissed |
| Qualified Immunity | Hatch not entitled; rights clearly established | Hatch not personally involved | Immunity denied at pleading stage |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (complaint must state plausible claim for relief)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility standard for Rule 12(b)(6) dismissal)
- Farmer v. Brennan, 511 U.S. 825 (prison officials have duty to protect from inmate violence)
- Kentucky v. Graham, 473 U.S. 159 (official vs. individual capacity, § 1983)
- Will v. Michigan Dept. of State Police, 491 U.S. 58 (states/officials in official capacity not "persons" under § 1983)
- Bishop v. John Doe 1, 902 F.2d 809 (Eleventh Amendment and state actors; NMTCA in federal court)
- Hall v. Bellmon, 935 F.2d 1106 (pro se pleadings held to less stringent standard)