Legal Question in Legal Ethics in New Mexico

failure to enforce the laws

the new mexico livestock board failed to enforce the laws that they represent. its costing me hundreds of thousands of dollars. a swarn brand inspector from nm board investigated and with out a doubt under oath said they were our animals. judge said he had the right to pick them up and return them to me with out a court order. he was told to back off and was taken of the case. why? the person i am in battle with has friends on the livestock board and in politcal office. i was told if it was anybody else other then the man i am battle with my animals would be back a long time ago. was told its all politics. the brand inspector told me over and over again the livestock board let me down and didn't follow procedure at all. my question is can i sue the new mexico livestock board for failure to enforce the laws of the state. i have more prove then anybody could ever have against somebody. when friends are involved the laws takes a back seat. can i sue a state agency. thank you


Asked on 1/06/04, 1:49 am

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

Re: failure to enforce the laws

It is possible to sue a state agency in NM under narrow circumstances in which their inherent immunity has been removed by law. There is also a very short time within which to deliver notice to the state that they are being sued, and if the notice is not given in time in the proper manner there can be no lawsuit. Do not delay in seeking direct legal advice for your problems if you intend to proceed.

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Answered on 1/06/04, 8:24 am


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