New Mexico Sun

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Lalita Moskowitz Litigation manager | ACLU of New Mexico

Six former detainees sue Doña Ana County over alleged violent jail training tactics

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Six former detainees of the Doña Ana County Detention Center have filed a lawsuit against the Doña Ana County Board of County Commissioners, alleging that the jail's Special Operations and Response Team (SORT) used violent paramilitary tactics and subjected them to inhumane treatment. The plaintiffs—Mario Banda-Alicea, Tyler Cole, Jonathan Silva, Jeremy Dean Smith, Mario Carrasco, and Zachary Gonzales—are represented by the American Civil Liberties Union (ACLU) of New Mexico, McGraw & Associates, LLC, and Smith & Marjanovic Law, LLC.

"They turn normal everyday stuff into a nightmare," said Mario Banda-Alicea. "We'd be in the pod—hanging out, getting a haircut, minding our own business—and they'd come in like we're terrorists or something. Guns pointed at us, making us crawl on our hands and knees. For what? We weren't doing anything. I was just trying to be a better person. Now I can't sleep right. I have nightmares about them coming back, about them hurting me. They treated us like guinea pigs for their training games."

According to the lawsuit, SORT was established to handle high-risk situations such as riots or evacuations but has instead regularly conducted aggressive training operations on detainees who were not posing any threat. The complaint alleges that officers stormed pods with military-grade weapons and used flash bangs during routine activities like haircuts or while people were sleeping, often without warning or provocation. Plaintiffs claim they were subjected to conflicting commands, had weapons pointed at them while complying with orders, and some were tasered for asking questions.

"SORT's needless, violent actions serve no legitimate purpose—they amount to psychological torture that tears people apart and offers no benefit to anyone," said Lalita Moskowitz, senior prisoners’ rights attorney at the ACLU of New Mexico. "It achieves the opposite of safety and security. These paramilitary operations traumatize people, most of whom are presumed innocent and awaiting trial. After enduring these violent raids, individuals struggle with severe PTSD, nightmares, and constant fear. When people are released back to their communities, they return damaged rather than rehabilitated."

Jonathan Silva described his experience: "The whole first year and a half was just horrible. I've never been through anything like that." Silva suffers from 75% hearing loss; his hearing aids were broken when officers deployed a flash bang near his head in his cell. He did not receive repairs or replacements for nearly four months.

Other plaintiffs reported similar experiences of trauma and abuse during SORT operations that occurred as frequently as once a month over extended periods. Some described being woken by flash bangs at night with tasers pointed at them or experiencing emotional distress requiring medication.

Meg Sparrow of Smith & Marjanovic Law stated: "Many of our clients were not convicted of a crime and were simply waiting for their day in court. DACDC is a place of terror. Our clients describe living in a war zone, subjected to paramilitary operations at all hours of day and night. The county has destroyed people's mental health and then released them back into our communities with deep psychological wounds. That's not justice—that's creating more harm."

Andre Archuleta of McGraw & Associates added: "This lawsuit seeks not only compensation for our clients, but also a court order to permanently stop these operations. Doña Ana County has a duty to maintain safe, constitutional conditions in its jail. Instead, county leadership has enabled a rogue unit to operate with impunity for years. We're asking the court to hold them accountable and ensure this never happens to anyone else."

The lawsuit claims SORT's actions violate the New Mexico Constitution’s prohibition on cruel and unusual punishment.

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