Legal Question in Discrimination Law in New Mexico

I live in a small town in new mexico where I was a police officer 5 years ago. I am having a dispute over a property line with a neighbor. The police department has stated that they refuse to give me or my other neighbors service because I am a former police officer and they dont want it to look like they are doing me favors. Is this legal. They have informed dispatch that if a call comes in by any of us that it has to be re-directed to the sheriffs dept.


Asked on 5/02/10, 9:24 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Unfortunately it is legal. The U.S. Supreme Court has ruled that law enforcement has a generalized duty to protect the public, but not a specific duty to respond to an individual citizen. Crazy ruling, but that's the current state of the law. Your best advice is to not let the dispute become physical, and to take the matter to small claims (Magistrate) court and get it settled before it becomes a matter for the criminal justice system.

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Answered on 5/07/10, 4:04 pm


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