Attorneys for New Mexico’s Seventh Judicial District replied to James “James Freeman” Springer’s (Freeman) recent reply to an order by District Judge Margaret I. Strickland to show exactly why his on-going lawsuit against New Mexico’s Seventh Judicial district should not be thrown out for lack of cause.
Freeman had previously responded to the Judge’s orders by refusing to show cause, instead attempting to modify the lawsuit to solve all problems by asking Strickland to allow him to sue the defendants in their official capacities for declaratory and injunctive relief.
The defense essentially picks up on Strickland’s statement that all of the defendants have immunity from Freeman’s accusations due to their conduct being tied to the judicial process. All conduct attributed to the defendants, they argue, is protected as part of the functions of their jobs.
They also argue that the Eleventh Amendment to the Constitution bars suits in federal court against a nonconsenting state brought by the state’s own citizens and extends to state officials who are sued for damages in their official capacities.
This argument would essentially negate Freeman’s request to be allowed to sue the defendants in their official capacities for both declaratory and injunctive relief.
With their response posted and Freeman’s rebuttal (or finished argument as he failed to address the full request by Strickland in his reply), pending, this case may be heading to a final resolution after nearly a year of litigation.
This is a developing news story.
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