Judge finds police acted reasonably in shooting New Mexico man while at wrong address — Morgan Lee, Associated Press
A federal judge has dismissed part of a lawsuit that accused police of violating constitutional protections when they fatally shot a man after showing up at the wrong address in response to a domestic violence call.
The shooting of Robert Dotson, 52, in the northwestern New Mexico city of Farmington prompted a civil lawsuit by his family members, though public prosecutors found there was no basis to pursue criminal charges against officers after a review of events. The suit alleged that the family was deprived of its civil rights and officers acted unreasonably.
Hearing a knock at the door late on April 5, 2023, Dotson put on a robe, went downstairs and grabbed a handgun before answering. Police outside shined a flashlight as Dotson appeared and raised the firearm before three police officers opened fire, killing him. Dotson did not shoot.
"Ultimately, given the significant threat Dotson posed when he pointed his firearm at officers ... the immediacy of that threat, the proximity between Dotson and the defendant officers, and considering that the events unfolded in only a few seconds, the court finds that the defendant officers reasonably applied deadly force," U.S. District Court Judge Matthew Garcia said in a written court opinion.
The judge also said the officers were entitled under the circumstances to qualified immunity — special legal protections that prevent people from suing over claims that police or government workers violated their constitutional rights.
The opinion was published May 15 — the same day the U.S. Supreme Court ruled unanimously in a separate case that courts should weigh the totality of circumstances and not just a "moment of threat" when judging challenges to police shootings under the Fourth Amendment.
Tom Clark, one of the Dotson family's attorneys, said the lawsuit against Farmington police will move forward on other claims under tort law and provisions of the New Mexico Civil Rights Act, which limits immunity for police and other government agencies.
Defense attorneys said in court filings that the officers acted reasonably under "the totality of circumstances," noting that they repeatedly knocked and announced that police had arrived and saying Dotson "posed an imminent threat of death or great bodily harm to police."
Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio, said Tuesday that court evaluations of police immunity in shootings "sometimes lead to results that end up leaving you scratching your head."
Stansbury, Haaland criticize proposed Medicaid cuts in New Mexico — Kevin Hendricks, NM.News
Rep. Melanie Stansbury (D-NM) and former U.S. Interior Secretary Deb Haaland have recently voiced strong opposition to proposed Medicaid cuts, raising concerns about the potential impact on residents’ healthcare in New Mexico.
Congressional Budget Office estimates indicate that the House Republican reconciliation bill would eliminate health coverage for at least 8.6 million individuals and reduce health care spending by a minimum of $715 billion, primarily through Medicaid cuts.
Haaland, a candidate for the Democratic nomination for New Mexico governor in 2026, posted a video on social media criticizing proposed cuts, arguing that these policies could jeopardize healthcare for over 90,000 New Mexicans through reduced Medicaid funding. Haaland said that 40 percent of New Mexico’s population relies on Medicaid, and the proposed cuts could affect low-income families, children, rural health providers, hospitals, and the Indian Health Service.
“Healthcare is not a partisan issue – it is right that we all deserve, and we must stand together to protect Medicaid and demand that Republicans in Congress put people over politics,” Haaland said. “I promise to stand up for our communities’ access to healthcare in every arena. New Mexicans deserve better, and we can’t back down.”
Stansbury also slammed House Republicans’ efforts to advance the “devastating reconciliation bill that would increase taxes for our lowest-income working Americans, and gut healthcare and food assistance programs to give billionaires permanent tax breaks.”
Stansbury said the potential consequences could be dire in New Mexico, where a significant percentage of children, adults with disabilities, and elders in nursing homes rely on Medicaid. She also pointed out the potential for increased health insurance costs for families in her district.
“Republicans have repeatedly doubled down on their efforts to sacrifice the families in pursuit of tax breaks for their billionaire donors,” Stansbury said. “From forcing single parents and elders off SNAP, kicking an estimated 13.7 million Americans off health care, to gutting historic investments in climate and clean energy, this bill is nothing short of devastating for families in New Mexico.”
Haaland, who has personally relied on Medicaid, has previously pushed for Medicaid expansion and opposed cuts to the program. Stansbury criticized the Republican bill as a “betrayal of our working families” and vowed to fight against it.
“President Trump’s shakedown of the American people—enabled by House Republicans, continues,” Stansbury said. “I’ll continue to fight against this catastrophic reconciliation bill and work toward real solutions to lower costs for New Mexicans and the nation.” The House Budget Committee passed the Republicans’ reconciliation bill late Sunday. The House Rules Committee is scheduled to discuss the package on Wednesday. The bill will then move to the U.S. Senate for further consideration.
"Here the court is saying the police made a mistake — but in that moment they were confronted with a decision to use deadly force," he said. "I don't think this is the last word in this case."
Lawyers for Dotson's family emphasized that police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there. They said officers did not give him sufficient time to comply with commands as an officer shouted, "Hey, hands up."
According to the lawsuit, Dotson's wife, wearing only a robe, came downstairs after hearing the shots and found her husband lying in the doorway. She fired outside, not knowing who was out there. Police fired 19 rounds but missed her.
NM increases high school graduation rates, but remains lower than national average — Leah Romero, Source New Mexico
While the State of New Mexico reported gains in its most recent high school graduation rates, they still remain below the national average.
According to recently released graduation rate data by the state Public Education Department for 2024, the state’s average graduation rate was 78.04%, or 20,375 students, which reflects an increase of over one percentage point from the 2023 rate.
The 2024 rate also marks the state’s highest graduation rate and the largest number of graduating students in the last 15 years.
“This increase reflects the hard work of our educators, students and families, and it underscores our shared commitment to student success,” PED Secretary Mariana Padilla said in a statement. “At the same time, we recognize that too many students are still not making it to the finish line—and we must continue working together to ensure every student has the support they need to graduate.”
According to the National Center for Education Statistics, a nonpartisan federal statistical agency, the national high school graduation rate has been about 87% since the 2021-2022 school year.
Some districts have met the national rate, such as Gadsden Independent School District in the southern part of the state, which has been on par with the national average for several years.
GISD Superintendent Travis Dempsey told Source NM the district’s success does not boil down to just one factor, but multiple steps teachers and administrators have taken. For instance, he said, the district partnered with outside consultant Marzano Resources for additional support.
The district also releases students two hours early every Wednesday to allow teachers to participate in “professional learning communities” to learn from one another and improve individual instruction.
“A third factor, I would say, is we’ve really tried very hard to come at this from a perspective that we have to meet our kiddo’s needs, basic needs, before we start trying to press in academically,” Dempsey told Source.
He pointed to breakfast and dinner programs in several schools, as well as an addition of six mental health therapists to the district’s secondary schools. He added that Career Technical Education programs have also allowed students to explore and meet their needs in other areas.
“Please don’t think that we’re perfect, because we are far from that, but I think that’s part of the success that you’ve seen over the last couple of years,” Dempsey said. “Stability in a district makes all the difference in the world, in my opinion. And listening to your…community about what they think is important.”
He told Source that because GISD encompasses multiple rural communities in Doña Ana and Otero counties and students often come from low income families, parents have voiced that they feel their children get limited experiences. To address this concern, Dempsey said the district tries to bring experiences to the students and “put learning tools in their hands as much as” possible.
Dempsey added that GISD also has a low staff turnover rate, which contributes to the stability of the district, its schools and the students.
“When we hire a teacher, we typically keep them for a whole career,” he said. “And it’s very common that many of our teachers are from Gadsden, so we get a lot of people who come back home to serve their community. And that fact just does wonders for us.”
According to the PED news release, improving graduation rates throughout the state is a primary goal of the department’s strategic plan. The department noted that about 2,400 more high school students need to graduate on time annually for the state to reach the national benchmark by 2027.
The department added that districts that reported higher graduation rates typically all closely monitor students’ course completion; identify and support at-risk students early; implement school improvement plans; participate in CTE programs; and have students set personal goals before entering high school.
“Our kids work hard,” Dempsey said. “There’s a culture here in Gadsden of, we expect kids to perform, and they do.”
Rapid spring snowmelt could mean a droughtful summer– KUNM news
April met New Mexico with well below-average rainfall, which has made for a warm, dry spring here in the state.
Unfortunately, this has caused rapid snowmelt from the west, leading to earlier than normal run off and reduced streamflow.
The combinations of early snowmelt and warm weather is a recipe for drought, and it is currently looking like the SouthWest will be hit hard.
According to the U.S. Drought Monitor, Extreme and Exceptional Drought coverage increased from 20% of the region on March 18 of this year, to 27% on May 15. The worst drought conditions are in New Mexico and Arizona.
Monsoon season is yet to come, but could make a huge difference for the state's water needs.
The Southwest Drought and Wildfire Summer Outlook Webinar on June 3 will provide more information on conditions, outlooks, and potential impacts. Register here.
New round of NM burn bans imposed amid drought, wildfire risk– Patrick Lohmann, Source NM
Six New Mexico counties and the Mescalero Apache Reservation imposed new fire restrictions Monday, citing high wildfire risk in various parts of the state.
In total, according to the New Mexico Forestry Division, 23 towns, counties, tribal or other jurisdictions across the state have imposed some level of fire restriction due to high fire risk. The division has a map here showing much of the state under some type of burn ban, including federal and state forests.
“In the face of significant wildfire potential, we need every New Mexican to take active steps to reduce the likelihood of an accidental wildfire start,” State Forester Laura McCarthy said in a statement. “These restrictions are needed because of current wildfire threats and the rising probability of dangerous wildfires as temperatures warm through May and June.”
In addition to the 23 jurisdictions that have imposed bans, McCarthy on Monday evening announced restrictions on state forest lands within 18 New Mexico counties: Bernalillo, Catron, Chaves, Cibola, De Baca, Dona Ana, Eddy, Grant, Hidalgo, Lea, Lincoln, Luna, Otero, Roosevelt, Sierra, Socorro, Torrance and Valencia.
Forecasters predicted earlier this month that southeastern New Mexico, including the Gila National Forest, would experience above-normal wildfire risk in May that would grow to cover the eastern two thirds of New Mexico by June. A national drought update issued Tuesday said a warm, dry spring had led to intensification of drought conditions in the Intermountain West region, with the worst conditions in New Mexico and Arizona.
So far this year, 377 wildfires in New Mexico have burned more than 33,500 acres, though the vast majority of those fires burned less than an acre. The biggest wildfire this year, so far, the Mogote Hill Fire, burned a little more than 21,000 acres near Wagon Mound in mid-March.
Of the 377 fires, 275 were human-caused, 26 were naturally caused and causes of the remaining 76 are still being determined, according to the Southwest Coordination Center.
The fire restrictions are in place as most of the state experiences some form of drought. According to the Office of the State Engineer, all but 3.8% of New Mexico is in drought, with 41% in extreme drought and 7.5% in exceptional drought.
Stage I fire restrictions generally prohibit building a fire in an area other than a developed campsite or picnic area, along with smoking outside of a vehicle or building. State II restrictions also prohibit discharging a firearm, operating an internal combustion engine, welding or using explosives.
Nowhere in New Mexico is currently under the most severe fire restriction, in which entire areas are closed to the public to prevent wildfires.
Read more about the county- or town-level fire restrictions on the New Mexico Forestry website.
NM Dem U.S. Sen. Luján co-sponsors DOGE BROS Act– Source NM
Several Congressional Democrats on Tuesday, including U.S. Sen. Ben Ray Luján (D-N.M.), announced a new bill aimed at countering what they describe as Elon Musk and the Department of Government Efficiency’s “continued efforts to improperly access” individuals’ “personally identifiable information,” such as names, addresses, phone numbers, email addresses and Social Security numbers.
The Defending Our Government’s Electronic data: Bolstering Responsible Oversight & Safeguards (DOGE BROS) Act would increase five penalties for violation of federal privacy laws.
As Source reported this week, the New Mexico Health Care Authority recently informed the contractor who manages payments on its behalf that it did not consent to such information being shared with the federal government, which requested the data. The United States Department of Agriculture, earlier this month, wrote a letter to all U.S. states asking them to provide the “names, dates of birth, personal addresses used, and Social Security numbers” of anyone who is receiving or has applied to receive benefits under the Supplemental Nutritional Assistance Program (SNAP).
“From day one, Elon Musk’s DOGE has taken a wrecking ball to the federal government and critical services for the American people, all while carelessly pursuing their sensitive personal data,” Luján said in a statement. “Congress must do more to protect that information and keep it out of the wrong hands.”
Specifically, the law proposes the following penalty increases for improper disclosure:
- identifiable information in any agency record from its current penalty of up to $5,000 to up to $30,000
- information obtained from a computer in any U.S. agency or department without proper authorization from $250,000 up to $750,000
- any Social Security or Medicare data would increase from $10,000 to $25,000
- tax return information, which now carries a penalty up to $5,000, would increase up to $25,000
- census data, now with a penalty up to $5,000, would increase up to $25,000
Lead sponsor U.S. Sen. Mark Warren (D-V.A.) said in a statement, “As unvetted and unqualified DOGE employees continue to recklessly access the sensitive personal information of millions of Americans, it’s important that we take steps to better protect this data. For too long, our privacy laws have sat outdated, barely serving as a deterrent for improper handling or potential release of information. This legislation would enforce that privacy must be a priority when handling the data of the American public.”
Other sponsors — all Democrats — include: U.S. Senators Tim Kaine (D-V.A.), Chris Van Hollen (D-M.D.), Angela Alsobrooks (D-M.D.), Adam Schiff (D-C.A.), and Peter Welch (D-V.T.)