Timeline of FOG Legal Actions
Lawsuits Filed
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NMFOG V JEMEZ MOUNTAIN PUBLIC SCHOOL DISTRICT
Enforcement Type: Inspection of Public Records Act
Date filed: 1/13/2026
Writ of Mandamus
The case against Jemez School started with the Open Meetings Act violation, where members of the public listening to the school board meetings via Zoom were required to identify themselves. There is no such requirement in OMA. When FOG made an Inspection of Public Records Act (IPRA) request to view their meeting policies, we found not only was there no information online about how to make such a request, but there also was no designated records custodian, both of which are required by IPRA. Once we received the records, we found that documents had been withheld.
Case Number: D-202-CV-2026-00569
Status: In progress
Lawsuits Filed
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NMFOG V NEW MEXICO DEPARTMENT OF PUBLIC SAFETY
Date filed: 10/28/2025
Enforcement Type: Inspection of Public Records Act
The Department of Public Safety took 10 months to disclose police records of an investigation of an assault of a juvenile in the custody of CYFD, in response to IPRA requests from the Santa Fe New Mexican and Searchlight New Mexico. IPRA requires DPS to provide these types of reports immediately. Even more concerning, when NMFOG requested these same reports, DPS claimed the records did not even exist. NMFOG’s lawsuit asks the Court to correct DPS’s systemic failure to follow IPRA. Without intervention by the Court, DPS will continue to violate the public’s right to access state records.
Case Number: D-101-CV-2025-02734
Status: In progress
NMFOG V UNIVERSITY OF NEW MEXICO AND NEW MEXICO STATE UNIVERSITY
Date filed: 9/15/25
Enforcement Type: Inspection of Public Records Act
Effective July 1, 2025, universities can share roughly $20–$22 million in annual revenue with athletes, alongside a $2.8 billion back-pay settlement for athletes dating back to 2016. Records of these expenditures by state institutions should be public, like any other state expense would be, yet UNM and NMSU have refused to release these records. In addition, they are also hiding the contractual terms they require students to abide by, meaning there is no way to know whether students are being treated fairly or whether the universities’ payments to student-athletes are compliant with Title IX.
Case numbers:
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D-202-CV-2025-08282; New Mexico Foundation for Open Government, et al., v. University of New Mexico Board of Regents, et al.
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D-202-CV-2025-08283; New Mexico Foundation for Open Government, et al., v. Board of Regents of New Mexico State University; Co-Plaintiff: Nick Nunez
Status: In progress
NMFOG V CITY OF ALBUQUERQUE
Date filed: 8/18/2025
Enforcement Type: Inspection of Public Records Act
On May 27, 2025, the Albuquerque Police Department conducted a raid of a massage parlor, yet when we requested the police reports, photos and police video from that action, we were told they did not exist, even though there was news coverage of the incident.
Case Number: D-202-CV-2025-07301
Status: Closed
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NMFOG V. BOARD OF EDUCATION FOR THE GALLUP-MCKINLEY COUNTY SCHOOLS
Date filed: 8/11/2025
Enforcement type: Open Meetings Act
On May 16, 2025, the Gallup-McKinley County School Board met to retroactively terminate a contract with Stride — a virtual learning provider. During the meeting, they violated the Open Meetings Act seven times, including improper meeting notices, entering a closed session without specifying the reason, and requiring anyone who wanted to watch the meeting online to explain why. Note: On 3/2/26, original co-plaintiff Stride Inc./K12 and the school board dropped all claims against each other
Case Number: D-1113-CV-2025-00492
Status: In progress
NMFOG V. LOS LUNAS SCHOOLS BOARD OF EDUCATION, ET AL.
Date filed: 5/7/2025
Enforcement Type: Inspection of Public Records Act
After a school superintendent was fired for misconduct, the school district indicated it had hired a private investigation firm. When a newspaper filed a request for the investigation report, the school district claimed there were no responsive documents. An invoice from October 31, 2024, shows that the school district was billed $21,685 by a private investigation firm. The school district later added that even if there was an investigation, they wouldn’t have to release the records.
Case Number: D-202-CV-2025-04287
Status: In progress
NMFOG V. NEW MEXICO CORRECTIONS DEPARTMENT, ET. AL.
Date filed: 4/1/2025
Enforcement Type: Inspection of Public Records Act
The lawsuit stems from a public records request made by NMFOG in 2024. The nonprofit asked for financial records from the New Mexico Corrections Department for three years that showed settlement amounts paid out after IPRA lawsuits and the amount spent on outside attorneys during these cases. NMCD refused access to the records.
Case Number: D-101-CV-2025-00796
Status: In progress
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Movant
10/27/2025 — Silva v. City of Albuquerque; S-1-SC-41165
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Amicus Curiae
8/20/2025 — State of New Mexico Racing Commission v. V Alexander; A-1-CA-42868
8/15/2025 — N Henry v. New Mexico Livestock Board, et al.; A-1-CA-42845
Lawsuits Filed
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NMFOG V BERNALILLO COUNTY METROPOLITAN DETENTION CENTER
Date Filed: 7/24/24
Enforcement Type: Inspection of Public Records Act
After an inmate was allegedly beaten to death by a guard at the Bernalillo County Metropolitan Detention Center (MDC), FOG was denied access to records, including the security video and complaints against the former jail warden.
Case Number: D-202-CV-2024-06008
Status: Closed
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Amicus Curiae
11/20/2024 — Albuquerque Journal v. Board of Education of APS; S-1-SC-40671
7/1/2024 — ACLU of NM v. NM Corrections Department; S-1-SC-40473
Amicus Curiae
6/1/2023 — A Borrego, et al. v. First Judicial District Attorneys Office, et al.; A-1-CA-41149
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Interested Party
12/5/2023 — State of New Mexico v. Meta Platforms Inc; D-101-CV-2023-02838
Lawsuits Filed
NMFOG, SANTA FE NEW MEXICAN, V. CITY OF RIO RANCHO, ET. AL.
Date Filed: 3/14/22
Enforcement Type: Inspection of Public Records Act
A reporter with the Santa Fe New Mexican requested police records related to the shooting of a two-year-old child in Rio Rancho, which were denied based on the “Children’s Code,” which states that matters referred to CYFD are confidential and cannot be released to the media. FOG argued that the reporter was seeking information related to a death, not an ongoing child abuse matter, and such records are available for release.
Case Number: D-1329-CV-2022-00259
Status: Closed
Amicus — Appellant
7/6/2022 — ACLU of NM v. NM Corrections Department; A-1-CA-40486
Amicus – Appellant
11/13/2020 — Santa Fe Reporter v. City of Santa Fe; A-1-CA-39337, S-1-SC-39529
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Amicus Curiae
3/16/2020 — The New Mexican Inc v. PNM; S-1-SC-38199
Amicus Curiae
4/18/2019 — Noll v. Department of Public Safety; S-1-SC-37650
Amicus Curiae
6/11/2018 — Jones v. City of Albuquerque Police Department; S-1-SC-37094
Lawsuits filed
NMFOG, ALBUQUERQUE JOURNAL V MALOTT
Date filed: 4/12/2017
Enforcement Type: First Amendment
Judge Alan Malott verbally told the audience and media at the trial that they would be put in jail if they disclosed or published the financial information in a trial he was hearing. FOG argued that this was an unconstitutional stifling of the free press. (Side note: The case Malott was hearing was Kearney v Abruzzo, where Victor Kearney alleged that Louis and Benjamin Abruzzo mismanaged Alvarado Realty Company, which was founded by relatives of Kearney and the Abruzzos.)
Case number: S-1-SC-36406
Writ from New Mexico Supreme Court
Amicus Curiae
6/27/2019 — D Libit v. University of New Mexico Foundation; A-1-CA-38255, S-1-SC-39396
Lawsuits Filed
NMFOG, NEW MEXICAN, ALBUQUERQUE JOURNAL V CORIZON HEALTH
Date Filed: 7/18/2016
Enforcement Type: Inspection of Public Records Act
The Department of Corrections and Corizon Health, which provided medical care for state prison inmates, were sued by inmates over alleged malpractice and sexual abuse by a physician. FOG requested records about the settlement agreements from these lawsuits, which Corizon was required to turn over as a contractor with the state. They refused to provide these records. After they were ordered to turn over the records by the First Judicial District judge, they fought it all the way to the New Mexico Supreme Court, which affirmed the lower courts ruling
Dates Filed, Case Numbers:
10/15/2019 — S-1-SC-37951
5/1/2017 — A-1-CA-36377
10/28/2016 — A-1-CA-35951
7/18/2016 — D-101-CV-2016-01742
Status: Closed
Amicus Curiae
6/1/2016 — Stump v. Albuquerque Police Department; S-1-SC-35912
Amicus - Appellant
2/10/2016 — M Britton v. Office of the Attorney General Amicus A-1-CA-35346
Lawsuits Filed
NMFOG V. NM DEPARTMENT OF HEALTH, ET AL.
Date filed: 7/9/2015
Enforcement Type: Inspection of Public Records Act
FOG requested records about medical cannabis distributors from the Department of Health, which refused to provide the information.
Case number: D-202-CV-2015-05674
Amicus - Appellant
5/28/2014 — S. Foy v Investment Council of State of New Mexico; A-1-CA-33787
Lawsuits Filed
STATE OF NEW MEXICO, EX REL. NMFOG V RICHARD RUSSELL AND JONNI LU POOL
Date filed: 9/13/2013
Enforcement Type: Inspection of Public Records Act
FOG asked the court to issue an Alternative Writ of Mandamus against Richard Russell, records custodian for the Attorney General’s Office, and Jonni Lu Pool, Records Custodian for the Human Services Department, compelling them to produce the unredacted Behavioral Health Audit report.
Case number: 9/13/2013 - D-101-CV-2013-02436; 2/16/2015 - A-1-CA-34447
Amicus - Not on Appeal
5/26/2011 — L. Edenburn v Department of Health; A-1-CA-31285
Amicus - Appellant
1/8/2010 — J. Palenick v City of Rio Rancho; A-1-CA-30136
Lawsuits Filed
Plaintiff on Appeal
E. GRIEGO V TAXATION AND REVENUE DEPARTMENT; NMFOG
E Greigo Plaintiff Not on Appeal
Date filed: 9/8/2008
Case number: A-1-CA-28899
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Amicus - Not on Appeal
4/4/2008 — San Juan Agricultural Water User Association v Albuquerque Board of Education, UNM, State Engineers Office, Office of the Governor, New Mexico Interstate Stream Commission, KNME-TV; A-1-CA-28473
Lawsuits Filed
NMFOG, DAILY TIMES V CITY OF FARMINGTON
Cross Appellant, Appellee
Date filed: 8/8/2007
Case number: A-1-CA-27858
Lawsuits Filed
NMFOG, LOS ALAMOS MONITOR, C. CLARK V LOS ALAMOS SCHOOL DISTRICT, LOS ALAMOS SCHOOL BOARD
Date filed: 6/15/2006
Case number: D-132-CV-2006-00051
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Plaintiff In Intervention
NMFOG, E GRIEGO V CUSTODIAN OF TAXATION AND REVENUE, NEW MEXICO TAX AND REVENUE DEPARTMENT, J. GOODWIN
Date filed: 4/4/2006
Case number: D-202-CV-2006-02640
Lawsuits Filed
NMFOG, RIO GRANDE SUN, SANTA FE NEW MEXICAN, ALBUQUERQUE JOURNAL, ALBUQUERQUE TRIBUNE V NEW MEXICO DEPARTMENT OF PUBLIC SAFETY
Date filed: 8/26/2005
Case number: D-202-CV-2005-06554
NMFOG, CARLSBAD CURRENT-ARGUS V CITY OF CARLSBAD
Date filed: 7/6/2005
Case number: D-503-CV-2005-00374​
Lawsuits Filed
NMFOG, ALBUQUERQUE JOURNAL V DEPARTMENT OF PUBLIC SAFETY
Date filed: 2/3/2004
Case number: D-202-CV-2004-00728
Lawsuits Filed
NMFOG, LAS CRUCES SUN NEWS V CITY OF LAS CRUCES
Date filed:
Case number: D-307-CV-2003-00281
Amicus - Appellant
4/29/2002 — D. Derringer v New Mexico Livestock Board, New Mexico County Insurance Authority, State of New Mexico; A-1-CA-23084
Lawsuits Filed
NMFOG, SANTA FE NEW MEXICAN V NORTHLAND INSURANCE COMPANY, CITY OF SANTA FE
Date filed: 12/26/2001
Case number: A-1-CA-22782
Lawsuits Filed
NMFOG, SANTA FE NEW MEXICAN, ALBUQUERQUE JOURNAL V SANTA FE PUBLIC SCHOOL
Date filed: 1/18/2000
Attorney: William Dixon (FOG founder)
Plaintiff: Kent Walz and Bob Johnson (FOG founders)
Respondent
Luna County, State of New Mexico v NMFOG, et al
Date filed: 5/11/1999
Case number: D-619-CV-9900078
Lawsuits Filed
NMFOG, New Mexico State Tribune V R. C De Baca
Date filed: 5/25/1994
Case number: D-202-CV-1994-04484