Dan Foley, shown here speaking at the Roundhouse. (Courtesy photo)
Former House Minority Whip Dan Foley has filed a federal lawsuit alleging that police officers violated his civil and constitutional rights when they arrested him during a basketball game in 2007.
The lawsuit alleges that Foley was “physically assaulted” without cause or provocation and that the three police officers who arrested him violated his civil rights “intentionally, maliciously, willfully and/or with reckless or deliberate indifference.”
Foley is seeking compensatory, punitive and exemplary damages, attorney fees and costs and other relief, saying he “has suffered and is continuing to suffer damages, including but not limited to distress, anguish, suffering, humiliation, deprivation of constitutional rights.”
The lawsuit was filed March 5 in U.S. District Court in Las Cruces by attorneys Raul Carrillo and Steven Jones. The named defendants are the City of Roswell, the Roswell Police Department and the three officers involved in Foley’s arrest.
Foley was one of the most influential lawmakers in Santa Fe when he was arrested in June 2007. He was charged with disorderly conduct, interfering with a police officer and resisting arrest, all misdemeanors, after he rushed the court during his son’s basketball game.
Foley ran onto the court after his son was knocked over by the opposing coach. Police said Foley pushed his way past one officer and spit tobacco on him before having to be forcibly taken to the ground by two other officers. Foley, who pleaded not guilty to the charges, said he remained calm throughout the event and does not chew tobacco.
The case was initially dismissed by the charging officer in municipal court after one judge recused himself but another refused to do so even though he had given a campaign contribution to Foley several years before and his son was a close friend and backer of Foley.
The officer wrote on the dismissal that the case would be refilled in magistrate court. Instead, the case was given to the district attorney’s office, which handed the case over to a special prosecutor to decide whether to charge Foley.
In January 2008, that special prosecutor, former District Judge Ralph W. Gallini, announced that charges would not be re-filed, telling the Roswell Daily Record that he had “basically found that there is insufficient evidence to prosecute on those charges and that case law, in other words appellate decisions, are totally against us here in New Mexico.”
The damage to Foley’s political career was done. His booking mug was used by his opponent in the 2008 Republican primary, along with hundreds of thousands of dollars from one Roswell oilman, and Foley lost to Dennis Kintigh by 8 percentage points.
Foley, and insurance salesman, has since moved with his family to Rio Rancho.