Staff Report:
Los Alamos resident and parent of a Los Alamos Public Schools (LAPS) student, Luckie Daniels’ lawsuit against the district was today granted to be remanded to First Judicial District Court for the State of New Mexico by District Judge Judith C. Herrera.
According to court documents, the lawsuit was originally filed by Daniels in November at the First Judicial District Court. The defendants, LAPS Superintendent Jennifer Guy, Assistant Superintendent Carter Payne, School Board President Antonio Jaurigue and board members Melanie Colgan, Sondra Wyman, Ellen Specter and former board member Christine Bernstein, moved in December that the case be filed in federal court, with the intention of filing for early qualified immunity and a motion to stay discovery, arguing that the case be dismissed.
However, after Daniels filed an amended complaint this month in U.S. Federal Court, the court ruled that the claims identified in the complaint fall under New Mexico law, not federal law.
It is stated in the court documents, “The legal claims made in Plaintiffs’ Amended Complaint are made under the New Mexico Civil Rights Act; the New Mexico Inspection of Public Records Act; for alleged breach of employment contract; and for alleged intentional infliction of emotional distress. Hence, all of Plaintiffs’ claims made in her Amended Complaint constitute claims made under New Mexico law, rather than federal law. As a result, no federal claims remain from the original Complaint. The parties agree that the state law claims remaining in this lawsuit should be remanded to the First Judicial District Court for the State of New Mexico.”
Daniels and her child, who also is identified as a plaintiff in the lawsuit, allege the school district violated their civil rights, failed to take corrective actions or preventive measures regarding racial trauma Daniels, her child and other marginalized students have experienced at the schools, violated the state’s Inspection of Public Records Act, breached the contract it had with Daniels for her services as a Diversity, Equity, Inclusion, Accessibility, and Belonging consultant and caused intentional infliction of emotional distress, according to court documents. They seek $558,400 in damages as well as access to public records Daniels requested May 8, 2023.
Los Alamos Public School officials have denied the allegations.
The Los Alamos Daily Post reached out to both parties for comment.
“The schools do not comment on pending ligation,” Superintendent Jennifer Guy said. Daniels said she preferred not to comment at this time.
The Daniels are pro-se in this case and the school district officials are being represented by Quiñones Law Fim in Santa Fe.