On April 10, 2020, attorneys representing the plaintiff class members in the Duran case filed an emergency motion to enforce the good time award provisions in the settlement agreement that was approved by the Court on February 14, 2020.
The settlement agreement requires the New Mexico Corrections Department to award one month's worth of good time as remedial relief to certain prisoners who endured overcrowding in dormitories at four specified prisons during certain time periods. These good time awards were required to be made by March 13, 2020.
The Plaintiffs' emergency motion asserts that certain class members should already have been released as a result of these awards, yet they remain incarcerated. The motion also asserts that the Corrections Department failed to make certain awards within the applicable deadline, which resulted in class members being detained past their release dates. Additionally, the motion asserts that the Corrections Department has violated the Settlement Agreement by refusing to give good time awards to prisoners serving in-house parole.
The motion requests that Magistrate Judge Kirtan Khalsa remedy these violations and order Defendants to immediately comply with the settlement agreement.
A newspaper article about the motion can be found here.
Mark H. Donatelli and Reed C. Bienvenu are attorneys for the Plaintiff class members.