06/18/2026
🚨 UPDATE: Carlsbad Municipal School District and Carlsbad Police Department Want Parts of Lawsuit Thrown Out — Family Fires Back 🚨
The lawsuit over the alleged arrest and treatment of an 11-year-old student at P.R. Leyva just got more interesting.
Carlsbad Municipal Schools asked the court to dismiss portions of the case, arguing the family failed to meet certain legal requirements. But the family’s attorneys responded by arguing that because the child was a minor, New Mexico law gives greater flexibility regarding notice requirements and that school officials already had actual knowledge of the incident.
The family also argues that there is currently no meaningful administrative process specifically designed for students bringing discrimination claims against public schools, making the district’s exhaustion argument ineffective. They point to recent New Mexico case law recognizing public schools as places of public accommodation.
Meanwhile, the City of Carlsbad, Carlsbad Police Department, and Officer Ash filed an answer denying liability and asserting a long list of defenses, including claims that they acted lawfully, reasonably, in good faith, and that the plaintiffs failed to prove any constitutional violation.
The Bottom Line
The defendants are not saying this case should proceed because the facts are true.
The family is not backing down.
Instead, both sides are now fighting over whether the claims can even move forward before the court reaches the merits.
For taxpayers, that’s the important part:
Nobody is arguing this case is insignificant. They’re fighting over whether the courthouse doors should stay open.
An alleged incident involving an 11-year-old student, school officials, and law enforcement has now turned into a legal battle involving constitutional rights, discrimination claims, negligence allegations, and questions about how schools handle children when police get involved.
🍿 This one is far from over.
