5/14/09
A federal judge agreed to dismiss a former Rio Arriba County Jail inmate’s lawsuit against the city of Española after the city agreed to pay its own legal fees.
Raymond Archuleta’s lawsuit in which he claims the authorities failed to properly treat a spider bite now has only one defendant: Rio Arriba County.
“There’s such a thing as loser pays attorney’s fees,” Robert Cole, the lawyer representing the city, said. “We had numerous motions for summary judgment as we approached a trial. (Judge Richard Puglisi) agreed to dismiss the case if we would not seek sanctions or attorney’s fees.”
The city’s insurance carrier paid the city’s legal fees for this case, Acting City Attorney Paula Maynes said. Cole and Archuleta’s attorney, Yvonne Quintana, signed a document April 14 agreeing to the dismissal and stipulating that each side would pay its own legal costs.
Archuleta sued the city and the County in state District Court in October 2007. Archuleta claims in the suit that he was denied treatment for a spider bite for one week while serving jail time in Tierra Amarilla in 2005, according to documents. Archuleta ended up having to pay to be treated at St. Vincent Hospital in Santa Fe. He is seeking to be reimbursed for that expense and to collect punitive damages.
Española Municipal Judge Stephen Salazar had sentenced Archuleta to 143 days in jail for a drunk-driving offense.
The case was transferred to federal court in November 2007, according to documents.
In one motion, Cole acknowledged Archuleta’s claims, but argued that because the County was responsible for city inmates, the County, and not the city, was responsible for Archuleta’s health.
The County has denied all Archuleta’s claims, according to court documents.