Lawsuit Filed Against Town of Mesilla After Deputy With History of Misconduct Complaints Jailed 24-Year-Old for Four Days Over a Cigarette
Retaliatory arrest, illegal “no bond” hold, and a year-long prosecution followed Steven Herrera’s protected speech outside a Mesilla bar on his 24th birthday
Doña Ana, NM — Singleton Schreiber filed a civil rights lawsuit on behalf of Steven Herrera, who was falsely arrested and jailed for four days in Mesilla after stepping outside a local bar to smoke a cigarette on his 24th birthday. The suit, filed in the Third Judicial District Court of New Mexico names the Town of Mesilla, Deputy Jonathan Reyes (formerly a Sergeant with the New Mexico State Police), and Deputy Brandon Baca.
On the evening of May 25, 2024, Mr. Herrera was celebrating his 24th birthday at El Patio bar in Mesilla. Shortly after midnight, he stepped outside to look for a place to smoke. Mesilla Marshal Deputy Jonathan Reyes approached and told him smoking on the plaza was illegal. Mr. Herrera, who was calm and standing in place, responded with words to the effect of telling the deputy to shut up, an expression protected by Article II, Section 17 of the New Mexico Constitution. Rather than issue a citation as required by the town’s municipal code for the non-criminal, public-health infraction, Deputy Reyes seized Mr. Herrera, handcuffed him, and stated on body-camera video that he was arresting him for “disrespect and not following our laws.”
Deputy Baca was on the scene, wore a body camera, and observed the entire encounter. Rather than intervene to prevent an unlawful arrest, Deputy Baca assisted his colleague. Mr. Herrera was then booked into the Doña Ana County Detention Center on a “no bond” hold and remained incarcerated for four days, even though no court had ordered his detention, no warrant existed, and Mesilla’s municipal code permits incarceration for ordinance violations only after conviction and only upon order of a judge.
“Steven Herrera was a 24-year-old celebrating a milestone birthday when a deputy with a documented history of misconduct decided to put him in his place for a comment,” said Marisa Ong of Singleton Schreiber, counsel for Mr. Herrera. “The Town of Mesilla hired this officer despite multiple complaints of aggressive and intimidating behavior from his prior service with the New Mexico State Police. What happened to Steven was foreseeable, and it was entirely preventable.”
According to the complaint, the Town of Mesilla had ample warning about Deputy Reyes before hiring him. The New Mexico Department of Public Safety maintains multiple citizen complaints against Reyes from his NMSP tenure, including reports of unprofessional conduct, aggressive demeanor, intimidation of motorists, and improper escalation of minor encounters. Despite this record, Mesilla hired and retained him without adequate supervision or training, making the violation of Mr. Herrera’s constitutional rights entirely foreseeable.
The harm did not end with his release. Mr. Herrera then spent more than a year fighting a baseless prosecution before the case was ultimately dismissed with prejudice on July 7, 2025. The criminal proceedings thus terminated in Mr. Herrera’s favor.
“This case is about a municipality that ignored years of warnings and allowed an officer to weaponize his badge against a young New Mexican for exercising speech the state constitution explicitly protects,” Ong added. “Mesilla’s own ordinance required a citation, not a custodial arrest. No judge ordered Steven to be held without bond. Every step of this arrest, detention, and prosecution violated the law the Town is supposed to enforce.”
The complaint raises claims under the New Mexico Civil Rights Act for retaliation against protected speech, unlawful arrest and seizure, prolonged unlawful detention and denial of bond, and municipal liability. It also raises claims under the New Mexico Tort Claims Act for false arrest, false imprisonment, and malicious prosecution. Mr. Herrera seeks compensatory and statutory damages, attorney fees, and a jury trial.
About Singleton Schreiber
Singleton Schreiber is a client-centered law firm specializing in civil rights, sexual abuse, mass torts, and personal injury/wrongful death. With over a decade of commitment to justice, the firm stands up for marginalized and harmed communities. As leaders in litigating sexual assault and abuse, Singleton Schreiber relentlessly pursues accountability for perpetrators and enabling institutions. Home to the nation’s largest fire litigation practice, the firm has represented more than 30,000 wildfire and explosion victims and played leading roles in cases such as the 2025 Eaton Fire, Moss Landing Battery Fire, Esparto Fireworks Explosion, and the 2023 Maui Fires. Singleton Schreiber is also pursuing cases against Tesla for its misrepresented autopilot system, leading national hair relaxer litigation, and advocating for survivors of abuse involving major hotel chains. The firm fights to restore dignity and secure justice for all who have suffered systemic wrongdoing.
Contact
Firm Inquiries: info@singletonschreiber.com
Press Inquiries: Jacob Graff, jacob@rebuttalpr.com
