Man sues Dona Ana County for $750,000

A disabled vet claims he was wrongfully arrested by a Dona Ana County Sheriff’s Deputy, then denied medical treatment–even after a deputy was told the man needed immediate care. Now he’s suing He’s suing Dona Ana County Commissioners, the Dona Ana County Detention Center, the deputy who arrested him and Sheriff Kiki Vigil,for hundreds of thousands of dollars.

Arturo Alvarado is suing the county for $750,000. A copy of the lawsuit obtained by Abc-7, details what he claims was complete disregard for his health.

“You expect government, officers to follow their role, their duty, to protect and serve,” El Paso attorney Joshua Spencer who is representing Alvarado, said.

The lawsuit was filed this month, over events in November 2013.

Alvarado says he suffers from diabetes, kidney failure and Post Traumatic Stress Disorder. He claims a Dona Ana County Sheriff’s Deputy wrongfully arrested him, then failed to refer him for medical treatment not once, but twice. The suit alleges he was arrested for a violating a protective order that never existed. It was a restraining order that was filed against the man and his daughter–by his son-in-law. Spencer says the two are very different. That’ why Alvarado is suing for false arrest, false imprisonment, assault and battery.

While being taken to a substation in Anthony, Alvarado started feeling sick, that’s when the deputy called EMS to check on him. The lawsuit states EMS told the deputy Alvarado needed to be taken to a hospital. The man claims the deputy refused and instead, took him to the Dona Ana County Detention Center in Las Cruces.

“He was taken to the detention center and was denied access to the medication provided by his daughter. There’s a duty to provide medical treatment. That was just not done. It was ignored his please for medical treatment were ignored it wasn’t until he was bonded out and went straight to the hospital,” Spencer said.

It was then that he was able to go to the hospital where staff told him he had kidney failure and pneumonia.

Spencer says the lawsuit will determine whether or not county protocol exists that properly protects the sick and injured–or if the deputy did not follow proper protocol.

“These are basic civil, human rights and common sense go a long way,” Spencer said.

The criminal case against Alvarado was dismissed. A magistrate judge ruled the deputy failed to explain how the man committed any crime.

Abc-7 contacted Sheriff Vigil and county officials but they did not return calls back by deadline.