Gabaldon v. New Mexico State Police

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO CRAIG GABALDON, Plaintiff, v. CV. No. 23-00035 JCH/SCY NEW MEXICO STATE POLICE, KEVIN SMITH, In his individual capacity, KURTIS WARD, In his individual capacity, and JOHN DOES 1 through 4, Defendants. MEMORANDUM OPINION AND ORDER I. INTRODUCTION This case arises from Defendant, Officer Kevin Smith’s arrest of Plaintiff, Craig Gabaldon, on the evening of January 29, 2021. Officer Smith suspected that Mr. Gabaldon was driving while intoxicated, in violation of NMSA 1978, § 66-8-102(D). Officer Smith proceeded to stop Mr.…