06/30/2025
🚨 🚨 Docket News: Defendants Eddy County Board Of Commissioners and Mike
Gallagher have filed a Notice of Appeal regarding the recent denial of their Motion to Dismiss based on Qualified Immunity. Attached is the opinion they wish to challenge.
“It is undisputed that on February 25, 2025, Plaintiff submitted his Comment using the
online form available on the County’s website, which he navigated to using a link on the Board’s “page. Pl.’s Add’l Facts ¶¶ 6-9, ECF No. 10. The Comment is critical of the ECSO, accuses Sgt. Jared Rostro of “unethical behavior[,]” accuses the ECSO of being “complicit in [Rostro’s] unethical behavior[,]” and accuses Rostro and others within the ECSO of potentially illegal behavior, including malicious prosecution, child abuse, stalking, giving false testimony, and lying on financial disclosures for personal gain. he Comment also faults the Board for not holding Rostro or the ECSO Leadership “accountable for the crimes committed against” Plaintiff. Id. As such, one could reasonably infer that Gallagher—the County Manager— did not want to make Plaintiff’s accusations public.”
Look like this will be going to the US Court of Appeals for the 10th Circuit in Denver Colorado….Pack light ladies and gentlemen , Lets go! 💪
This looks like a frivolous interlocutory appeal! If I was involved in nefarious behavior or activity I sure as hell would not want this case leaving New Mexico due the risk of further exposure. Some people don’t know when to throw towel in!