Candelaria Law LLC

03/17/2025

Vicente Jimenez joined the Navy at age 17 in 1943, serving through World War II and later in Korea and Vietnam.

03/16/2025

02/28/2025

US Supreme Court Decision in Lackey v. Stinnie Will Limit Access to Preliminary Injunctive Relief

The Supreme Court’s recent decision in *Lackey v. Stinne* has created a significant roadblock for individuals seeking to challenge government action through the courts. The ruling holds that individuals who secure only a preliminary injunction—but do not go on to obtain a final judgment—are not eligible to receive an award of attorney’s fees. This decision will likely deter many from pursuing urgent legal relief against unlawful government conduct.

Why Preliminary Injunctions Matter

Preliminary injunctions serve a critical role in the judicial system by allowing individuals to prevent harm before a final decision is reached. In many cases, plaintiffs seek only a preliminary injunction because the harm they are trying to prevent is time-sensitive. Justice Sotomayor and Justice Jackson, in their dissent, highlighted instances where people seek preliminary injunctions for matters such as the right to march in a parade. Once the event passes, the case often becomes moot, eliminating any incentive to pursue a final judgment.

The Consequences of the Ruling

The *Lackey v. Stinnie* decision means that individuals who cannot afford legal representation upfront may struggle to find attorneys willing to take on their cases. Lawyers often rely on the possibility of recovering fees from the government when they successfully challenge unlawful conduct. Without the ability to recover fees for securing a preliminary injunction, many attorneys may be unable to take on these urgent cases, leaving individuals without a viable legal avenue to assert their rights.

The Chilling Effect on Government Accountability

This ruling could embolden government entities to engage in questionable conduct, knowing that fewer individuals will have the resources to challenge them in court. Many civil rights cases begin with a request for a preliminary injunction to halt ongoing violations. If attorneys are deterred from taking these cases, government overreach may go unchecked, disproportionately impacting vulnerable populations.

Moving Forward

Advocates for civil rights and government accountability must now consider alternative ways to ensure access to justice. Legislative action or state-level protections for attorney’s fees could help mitigate the ruling’s impact. In the meantime, individuals facing urgent harm should consult with experienced attorneys to explore creative legal strategies that might allow them to proceed despite these new challenges.

At Candelaria Law, we remain committed to fighting for justice and ensuring that individuals can access the courts to protect their rights.

We put people first, not profits.

If you believe your rights are being violated and need urgent legal assistance, contact us today to discuss your options.

Read the decision and dissent here

02/28/2025

Our client Ultra Health is New Mexico’s leading medical cannabis company. This is worth a listen:

Nearly three years after legal retail sales began in New Mexico, Rodriguez says the cannabis industry has been turned upside down.

02/28/2025

Locals remembered the couple as unpretentious but friendly people who invested in local ventures and were frequently spotted downtown.

02/28/2025

In recognition of Black History Month, we highlight a notable Black woman in New Mexico and American History, Cathay Williams.

In 1844, Cathay Williams was born into slavery in Independence, Missouri, and spent her adolescence working as a house slave on the Johnson plantation near Jefferson City. While the Civil War's onset in 1861 led to Union forces occupying the city and designating enslaved people as "contraband," offering a path to emancipation, it also meant she, like many others, was compelled to provide military support. At seventeen, this continued in the form of forced service with the 8th Indiana Volunteer Infantry Regiment under Colonel William Plummer Benton.

After the war, and despite the prohibition of women serving in the military, Williams enlisted in the US Army under the false name of William Cathay on November 15, 1866, in St. Louis and passed herself off as a man. She was assigned to the 38th US Volunteer Infantry Regiment in the NM Territory where she served with the Buffalo Soldiers from Nov. 15, 1866, until Oct. 14, 1868. She served at Fort Bayard and Fort Union and was discharged on a certificate of disability. Williams is recognized as the only documented woman Buffalo Soldier.

Learn more about Cathay Williams from the New Mexico Historic Women Marker Program: https://pulse.ly/hmzxdqje8h

Additional sources: National Association of Black Military Women

Image courtesy of US Army.

02/27/2025

🌟 Client Testimonial Spotlight! 🌟

We're always so grateful to hear from our clients!

One recent review touched our hearts:

"There’s no doubt it was a trying time. The professionalism, guidance, compassion, and true integrity shown by Candelaria Law made all the difference. Very easy to work with and I am very satisfied with the results. I would recommend Candelaria Law to anyone."

At Candelaria Law, we prioritize your needs and are committed to providing the support you deserve during challenging times. Thank you for trusting us with your legal matters!

02/18/2025

State health officials say there's officially a measles outbreak in New Mexico with more cases likely to be confirmed.

02/18/2025

The resignation comes at the request of President Donald Trump.

02/17/2025

Clyde Tombaugh lived quite the life. Dr. Tombaugh discovered Pluto and contributed to the United States Military, White Sands Missle Range, and was a profess...

02/08/2025

The New Mexico Supreme Court temporarily suspended a judge ahead of a hearing that could result in her being removed from her role.

01/23/2025

**New Mexico Supreme Court Decision CONFIRMS Anti Discrimination Laws Apply to Public Schools and Universities**

In a pivotal ruling on January 23, 2025, the New Mexico Supreme Court addressed the critical issue of public schools as public accommodations in the case of *Johnson v. Board of Education for Albuquerque Public Schools*, articulated as 2025-NMSC-___, ___ P.3d ___ (S-1-SC-39961). This landmark decision not only affirms the rights of students to equitable access to education but also overrules prior precedent regarding the applicability of the New Mexico Human Rights Act (NMHRA) to public educational institutions.

Historically, the courts had maintained that public universities were not considered public accommodations under the NMHRA, limiting the scope of protections available to students. However, the recent ruling decisively overturns this notion, clarifying that public schools, as integral parts of the state’s educational framework, are indeed public accommodations subject to the provisions of the NMHRA. This interpretation aligns with the fundamental principle that all individuals should have the right to access public services without experiencing discrimination based on race, gender, disability, or other protected characteristics.

By recognizing public schools as public accommodations, the New Mexico Supreme Court has reinforced the necessity for educational institutions to provide an inclusive environment where all students can thrive. This ruling sends a clear message: the state has an obligation to ensure that public education is accessible and equitable for everyone, and that discriminatory practices will not be tolerated.

11/06/2024

When the State crosses the line, we’re there to hold them accountable to your constitutional rights

According to lawyers for the firm, the destroyed cannabis plants were worth hundreds of thousands of dollars.

07/04/2024

It's clear to see that our nation is navigating one of the most divided and challenging moments in living memory. These are indeed perilous times. The fabric of our society is stretched by intense political and social rifts.

This Independence Day let's look beyond the platitudes we hear every year about freedom and independence. Instead, let's renew our belief in the inalienable values that make this country what it is and embrace the truth that we are greater than this moment. Let’s not dwell on our divisions. If together we do not uphold the promises of our forefathers and foremothers we are nothing, and to nothing we will return if not careful.

Reflecting upon timeless wisdom, Patrick Henry said "United we stand. divided we fall. Let us not split into factions which must destroy that union upon which our existence hangs." This timeless wisdom has never been more poignant. Only together will we overcome the challenge of this moment and continue to build our nation; a nation that embodies the ideals upon which it was founded.

This amazing country is still worth believing in, and still worth fighting for.

06/30/2024

She’s an icon, she’s a legend, and she is the moment. Meet the New Mexico whiptail lizard, a.k.a “lesbian lizard.”

These whiptails are all female and reproduce asexually through a process called parthenogenesis, essentially cloning themselves. They’re also our state reptile!

Happy Pride Month! 🌈

06/30/2024

06/30/2024