Lucero To Appeal Judge’s Ruling On Sheriff’s Duties

Los Alamos County Sheriff Marco Lucero

DISTRICT Court News:

Los Alamos County Sheriff Marco Lucero is appealing the July 11 decision by First Judicial District Judge Francis Mathew in Lucero’s suit against Los Alamos County on the duties of the Office of Sheriff.

Lucero’s attorney Blair Dunn filed a notice of intent to appeal Aug. 1 in District Court.

Judge Mathew’s ruling granted the County a permanent injunction restraining Lucero from performing law enforcement duties, but it allows him to retain his “statutory and customary duties”. The judgment estops the County from eliminating the Office of the Sheriff by failing to fund or adequately staff the office sufficiently to allow the Office of the Sheriff to perform its statutory and customary duties other than law enforcement concerning peacekeeping.

“The relief requested by Sheriff in the amended complaint is denied. The claims of relief requested by the County’s restraining order, preliminary injunction and permanent injunction restraining the Sheriff from engaging in law enforcement is granted and Sheriff Lucero is permanently restrained from exercising law enforcement duties involving keeping the peace,” Judge Mathew said, adding that the County is not allowed to perform the other duties of the Sheriff besides law enforcement.

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