NMPASI, represented by attorney Matthew Holley, sued Melvin Faisao in his official capacity as secretary of the Department of Community and Cultural Affairs, and as administrator and official supervising the operations of the Kagman juvenile center.
A detainee requested NMPASI’s services, and NMPASI worked with the juvenile’s attorney to assist the juvenile, the complaint said.
“The defendant is denying NMPASI’s access to the facility, its residents and staff, that is necessary in order for NMPASI to perform its congressionally mandated role,” Holley said.
NMPASI said Faisao is violating the detainee’s rights in violation of the Protection and Advocacy for Mentally Ill Individuals Act of 1991; the Developmental Disabilities Assistance and Bill of Rights Act; and the Protection and Advocacy for Individual Rights Act.
Holley is asking the federal court to order Faisao to allow NMPASI immediate, full, complete, meaningful, and unaccompanied access to the facility and its residents without advance notice and at any reasonable time, including during business and visiting hours.
NMPASI is seeking attorney’s fees and costs and other relief.
Faisao had yet to reply to the inquiries of this reporter.
Holley said NMPASI is authorized by a congressional mandate to protect and advocate the civil rights of persons with disabilities.
The complaint said “there have been numerous violations reported concerning the facility this past year, some publicly and others privately.”
Even though the new school year has begun, Holley said “juvenile detainees at the facility are not receiving the required education, nor any education for that matter.”
Additionally, the complaint said “there have been reported violations that have not been made public due to confidentiality reasons.”
Holley said he started communicating with the juvenile facility since July, and was told to contact Assistant Attorney General Tom Schweiger for the proper arrangements.
Holley said he left detailed messages on Schweiger’s work answering machine. But Schweiger failed to return a single message, the complaint added.
Holley said on Aug. 27, 2010 he also wrote Schweiger about the unanswered phone messages through a mailed and faxed letter.
On Sept. 17, 2010, NMPASI gave Faisao a 10-day notice “to make proper arrangements or action would be taken through the court system.”
Faisao replied that Holley’s e-mail was forwarded to the AG’s Office, the complaint said.
“Since the last correspondence on Sept. 17, 2010 with [Faisao], neither [the DCCA secretary] nor anyone from the Attorney General’s Office has contacted NMPASI concerning the matter,” Holley said.
