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October 2, 2024

ALBUQUERQUE, NM – The American Civil Liberties Union (ACLU) of New Mexico, Smith & Marjanovic Law, LLC, and The Soto Law Office, LLC filed a lawsuit last night against the City of Albuquerque, the Albuquerque Police Department (APD), Chief of Police Harold Medina, and several other individuals, on behalf of Carlos Smith, who was victimized by the APD DWI Unit’s extortion scheme.

The lawsuit, filed in the Second Judicial District Court, claims that APD officers, including Joshua Montaño, exploited DWI arrests to solicit bribes. The suit seeks monetary damages for the plaintiff, Smith, who was falsely arrested and pressured to pay thousands of dollars to have the charges dropped. 

"This lawsuit isn't just about getting justice for me—it's about stopping this abuse so no one else has to suffer the way I did," said Smith. “I lost my business, my home, and my dignity because of APD corruption. It even caused a deep rift in my family that we may never heal from.” 

The complaint details a scheme involving APD officers, attorney Thomas Clear, and paralegal Ricardo Mendez, who allegedly worked together to extort money from DWI arrestees in exchange for making their charges disappear. 

"This is nothing short of an extortion racket operating under the badge,” said Taylor Smith, an attorney with Smith & Marjanovic Law, LLC. “Our clients were forced into impossible situations—either pay a bribe or face devastating legal and financial consequences.”  

Maria Martinez Sanchez, legal director of the ACLU of New Mexico, added, "The people of Albuquerque deserve a police force that serves the public with integrity. We hope this lawsuit brings justice to those the APD has victimized and leads to real reforms to dismantle the systemic corruption within the department." 

The ACLU is calling for a thorough investigation into the APD's practices and comprehensive reforms to prevent future abuses. 

A blog by Carlos Smith can be found here

The complaint can be found below.