Artesia police sued for 'excessive force' in arrests of man who says he was jailed illegally
Adrian HeddenAn Artesia man sued the City of Artesia and Eddy County, alleging he was unlawfully detained twice by police who used “excessive force” in the arrests and illegally detained the man for months on “baseless” charges.
The case came after plaintiff Noah Griffin’s second arrest last year – an incident near the local high school where he was accused of trespassing on school grounds.
Griffin, 20, was arrested in that incident on Feb. 17, 2022, and charged with three counts of battery on a peace officer – a fourth-degree felony – along with one count of criminal trespass.
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Those charges were dismissed by the prosecution Nov. 2, 2022, according to court records.
The lawsuit alleged police forcibly arrested Griffin illegally and violated his Fourth Amendment rights to be “free from unreasonable searches and seizures,” and that he was “unconstitutionally” jailed for about eight months.
The suit was filed about a year after Griffin’s latest arrest on Feb. 13 and removed to New Mexico federal court March 13, where it is awaiting a hearing.
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The litigation also referenced a previous arrest of Griffin by Artesia Police Jan. 2, 2022, where police said he was walking in “the middle of the road” on West Grand Avenue and resisted officers who first tried to get him out of the street and then arrest Griffin when he allegedly resisted, read the complaint in that case.
Two charges of battery on a police officer and one count of resisting arrest were also dismissed in that case by Fifth Judicial District Court.
In both arrests, the lawsuit argued Griffin was in a public area, and that both arrests and incarcerations were illegal.
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Several Artesia police officers and a detention officer were named in the suit, along with Artesia Police Department Chief Kirk Roberts, the State of New Mexico and Fifth Judicial District Attorney Diane Luce.
Artesia Police declined to comment on the civil litigation.
Attorney for Griffin, B.W. Stone said plaintiffs in the case Griffin, his mother Rose Wissiup and sister Danielle Page hoped to prevent Artesia police from future similar incidents of what he called “excessive use of the force.”
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“My clients want to ensure this never happens again in the city of Artesia,” Stone said. “Nobody should have to be arrested without a warrant or cause by officers of the Artesia Police Department. Nobody should spend eight months in jail on baseless charges.”
School denied plaintiff entry. He was accused of trespassing
The day before the February 2022 arrest, Griffin allegedly entered the front office of Artesia High School seeking a visitors pass and asking to meet with a former coach and art teacher, records show.
Artesia Public Schools Superintendent Thad Phipps declined to comment on the case and Griffin’s interaction with school staff, citing privacy laws for Griffin as a former student, but did say visitors to campus are required to obtain a visitor's pass at the discretion of school officials.
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Griffin was denied such a pass, and Principal Eric Greer called police to report an “unwanted” person on campus and requested a criminal trespass warning be issued to Griffin, meaning he could be arrested if he entered school grounds.
The warning was issued, but police said Griffin refused to sign it.
Phipps said visitors should make an appointment to see a teacher or staff member on campus.
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“We certainly have procedures for parents or just a visitor. They have to check in at the front desk, and they may or may not get in the building,” Phipps said. “If they want to see a teacher, there must be an appointment. To just show up randomly, it’s not gonna happen.”
He said Artesia High School expanded it security measures in recent years, adding multiple security vestibules and locked doors visitors must be granted access to pass through before reaching the halls of the school.
“Especially in this day and age, there’s a vetting process before we allow anyone to go in our hallways,” he said. “It’s the day and age we live in. We have to protect our kids.”
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Plaintiffs argues rights were violated in arrest, jailing
The day after the trespass warning was issued, Greer called the police to report Griffin was seen again on campus at the school’s basketball gym the Bulldog Pit.
He was later found by police near Ashley’s Furniture Store located next-door to the high school.
Police said Griffin walked away from officers after they contacted him near the store, walking west down Main Street.
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He was told he was being arrested for trespassing, police said in the criminal complaint, but became “irate and started clenching his fist.” This was when police said Griffin became “non-compliant” with orders from law enforcement.
After being told three times he was being arrested, police said Griffin began resisting as officers attempted to physically detain him, the complaint read.
He allegedly spit at officers, read the complaint, and continued resisting as he was handcuffed and placed in a police car and taken to jail.
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Police said Artesia High School assistant basketball coach Paul Kirkwood told officers he observed Griffin entering the Bulldog Pit on the day of his arrest and “acting erratically,” the complaint read, before leaving the gym.
But his lawsuit denied Griffin ever entered school property and that he was walking on a “public thoroughfare” when contacted by officers.
After his arrest on Feb. 17, Griffin was held at the Eddy County Detention Center until Oct. 12, 2022, read the suit, on charges the suit alleged officers knew were “baseless and unsupported by probable cause.”
The suit said Griffin incurred undue legal expenses, emotional distress, and physical injuries because of his arrest and incarceration.
Attorneys for Griffin demanded damages to compensate Griffin for his injuries and legal expenses, along with punitive damages against the defendants.
Stone, Griffin’s attorney in the case, said it was clear Griffin did not break any laws and that officers acted unjustly in detaining his client.
“I don’t think a fair and impartial reader could look at the evidence and come to any conclusion other than my client was innocent and police officers were wrong in both encounters,” Stone said.
Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.