District Attorney Kari
2nd Judicial District
Friday April 7, 2006 06:49
TuesdayMay 1, 2007 17:16
|Saturday May 27, 2006
Ms Kari Brandenburg, esq
Dear Ms Brandenburg:
USPS Track and Confirm reports that you received a hardcopy of our electonic complaint on May 24, 2006. Several minutes ago the green recipt card was delivered.
Purpose of the hardcopy is to verify that you got the complaint. The hardcopy is not meant to be used.
Please use the electronic complaint seen at http://www.prosefights.org/nmlegal/brandenburg/brandenburg.htm#complaint.
If your office needs hardcopy any exhibits or any part of the complaint can be printed or saved to disk.
Our complaint referenced unknown persons at NSA in addition to Gosler and Folley responsible for production of the false, defaming, and libelous documents seen at http://www.prosefights.org/nmlegal/supremecourt/cvpa.htm#gallegos.
Reference to NSA may be incorrect. These may be individuals in the FBI or NSA.
The main individual is identitifyed in redacted documents as (b)(3). Second indivual who was sent copies of documents is identified as (b)(6).
On May 23, 2006 we tried to speak with DOJ FOIA attorney Jim Kovakas.
Kovakas was working at home, but his secretary Jean Kornblut was extremely helpful explaining about the redacted documents seen at http://www.prosefights.org/nmlegal/deptofjustice/deptofjustice.htm.
Kornblut explained that they [DOJ FOIA/PA] received unredacted FOIA documents from NSA after about ten years - which Kornblut acknowleged [we recorded our conversation] about set a record for non-response to a FOIA request.
DOJ FOIA/PA policy is to redact names of any NSA or FBI employees from documents before they are released to a requester.
So Kovakas and Kornbult apparently know identies of (b)(3) and (b)(6).
Attoney David M Glass who authored the memo also knows identies of (b)(3) and (b)(6).
(b)(3) looks to be a guilty as Gosler and Folley. (b)(6) looks to have been copied and may or may not be guilty. But that's what you are to investigate as DA.
Kovakas volunteered that the FBI has 60 pages of documents. The FBI has been unresponsive to Payne's FOIA/PA request for more than ten years.
These documents might shed light on identies of (b)(3) and (b)(6).
Vicki from the FBI FOIA/PA office phoned on the afternoon of May 25, 2006.
Vicki gave Payne the email address of email@example.com to try to get matters settled.
Implicit in explanation Kornblut gave us is that redactions are for proper classification.
Classification cannot be used to cover-up idenity of criminal (b)(3).
Proper process is to request NARA to do a Mandatory Declassification Review of documents seen at http://www.prosefights.org/nmlegal/deptofjustice/deptofjustice.htm.
We will first reason with Kovakas to give us the names of (b)(3) and (b)(6). Grounds for reason is that Kovakas may not want to get involved in covering-up the names of suspects in the New Mexico criminal complaints your are processing.
New Mexico lawyers and bureaucrats have wasted so much money on crooked, incompetent, and lowly-unintelligent lawyers that these matters have become internationlly highly visible.
Internet and personal computer technology is defeating legal profession and Albuquerque Journal/Tribune ploy of making matters invisible so that lawyers, prosecutors and judges can ignore that law.
We have always sought settlement but your legal colleagues have bilked the taxpayers of well over $1,000,000 in legal bills, rathern than settle, as of 1995 in our cases.
Imagine how much more of the taxpayers' money has been spent. And these issues are still unresolved.
We are in the process of finding out how much more taxpayer money has been squandered on lawyers for legal defense of the criminals you are in the process of prosecuting.
We have always sought settlement. We continue to advocate settlement before this matter gets far worse.
We ask that you and major Chavez help achieve settlement quickly.
But we also insist that the properly prosecute those named in our complaint and (b)(3) and maybe (b)(6).
Please send an ACK if you receive this email.
Arthur R. Morales
13015 Calle de Sandias NE
Albuquerque, NM 87111
Mayor Martin Chávez firstname.lastname@example.org
F James Sensenbrenner Sensenbrenner@mail.house.gov
Message from New Mexico secretary of state office.
Tuesday May 23, 2006
Certified - return receipt requested and email
Ms Kari Brandenburg, esq
Second Judicial District
520 Lomas Blvd N. W.
Albuquerque, New Mexico 87102
Dear Ms Brandenburg:
Cocaine-snorting former New Mexico second judicial district chief judge W John Brennan failed to bring New Mexico paid-for 12 person jury trial prima facie cases [all evidence of guilt of defendants is in writing] lawsuits civ 200010289, 200010278, and 20013118 guaranteed inviolate by both New Mexico and federal constitutions to trial.
200010278 is a defamation [libel] lawsuit for damages in excess of well over $1,000,000 caused by distribution of false and defaming documents seen at http://www.prosefights.org/nmlegal/supremecourt/cvpa.htm#gallegos.
200010289 is a lawsuit for replevin for $625 being taken from citizens Morales and Payne without due process [see http://www.prosefights.org/nmlegal/supremecourt/svet1.htm] and harassment for issuing order of garnishment for $1,793.56 [see http://www.prosefights.org/nmlegal/supremecourt/svet2.htm] without any cause of action.
Brennan, had he been honest, intelligent and clear-thinking, should have pushed to settle civ 200010289, 200010278, and 20013118 since evidence of guilt of defendants was in writing, with threat of forcing paid for 12 person jury trials if settlement was not forthcoming.
Brennan, however, proved to be dishonest, unintelligent, and not thinking clearly when Brennan was arrested for cocaine possession and DWI on May 29, 2004.
As a result of not getting 12 person jury trial lawsuits we paid for guaranteed inviolate by state and federal constitutions, former second judicial district judge W. John Brennan was sued twice [pattern of conduct] [civ 20023025 and 20010794] with 12 person jury trial lawsuits guaranteed inviolate by both New Mexico and federal constitutions for breach of contract for not scheduling jury trials.
Evidence of Brennan's guilt is overwhelming from the receipts seen at 200010289, 200010278, and 20013118.
Instead of reasonable settlement, Brennan apparently hired lawyer Jerry Walz at his own expense to defend against each breach of contract 12 person jury trial lawsuits.
We paid total of $644 for 12 person jury trial lawsuits in 20023025 and 20010794 guaranteed inviolate by New Mexico and US constitutions.
New Mexico Statute 41-4-4 only provides state-funded legal defense for tort claims.
Breach of contract is not a tort claim.
Lawyer Walz decided Brennan's best defense was to violate New Mexico statute 1-041: Dismissal of actions by having judge Kenneth Brown [see http://www.prosefights.org/nmlegal/supremecourt/exhibito.htm] and apparently judge Robert H Scott dismiss [see http://www.prosefights.org/nmlegal/supremecourt/exhibitp.htm] civ 20023025 and 20010794.
Word apparently must be used in the case of judge Scott because Scott's ORDER was stamped, not signed.
Lawyer Walz, in addition to twice violating New Mexico statute 1-041: Dismissal of actions, also took Morales and Payne's 10th amendment right to represent themselves pro se in New Mexico court away as seen in http://www.prosefights.org/nmlegal/supremecourt/exhibito.htm and http://www.prosefights.org/nmlegal/supremecourt/exhibitp.htm.
New Mexico defines
30-16-6. Fraud.Lawyer Jerry Walz twice [see receipts 20023025 and 20010794] defrauded us of $322 in writing: see http://www.prosefights.org/nmlegal/supremecourt/exhibito.htm http://www.prosefights.org/nmlegal/supremecourt/exhibitp.htm which is a fourth degree felony.
Whoever commits fraud when the value of the property misappropriated or taken is over two hundred fifty dollars ($250) but not more than twenty-five hundred dollars ($2,500) is guilty of a fourth degree felony.
Other New Mexico elected or appointed state employees apparently conspired with Walz to
defraud us of our money in violation of
A. Conspiracy consists of knowingly combining with another for the purpose of committing a felony within or without this state.But at real issue is the publication and distribution of the false and defaming documents seen at http://www.prosefights.org/nmlegal/supremecourt/cvpa.htm#gallegos which violate New Mexico libel law [30-11-1. Libel.]
Libel consists of making, writing, publishing, selling or circulating without good motives and justifiable ends, any false and malicious statement affecting the reputation, business or occupation of another, or which exposes another to hatred, contempt, ridicule, degradation or disgrace.
as well as the criminal provision of the federal Privacy Act and have cost Payne more than $1,000,000 in damages.
Department of Justice Attorney James M Kovakas forwarded documents on November 30, 2005 [http://www.prosefights.org/nmlegal/deptofjustice/deptofjustice.htm] implicating New Mexico residents James Gosler and Harold Folley along with NSA employee[s?] as responsible for generation and distribution of the false and defaming documents seen at http://www.prosefights.org/nmlegal/supremecourt/cvpa.htm#gallegos.
As a result of Kovakas' revelation, 30-1-9. Tolling of time limitation for prosecution for crimes, section A, begins for Gosler, Folley, and yet undiscovered National Security Agency employee(s?) on receipt of Kovakas' November 30, 2005 letter with enclosed documents.
30-1-8. Time limitations for commencing prosecution
C. for a misdemeanor, within two years from the time the crime was committed;
Tuesday April 12, 2005 New Mexico chief judge Richard Bosson is sent letter and email proving New Mexico judges violated their Oath of Office in writing. See http://www.prosefights.org/nmlegal/bossoncleanup/bossoncleanup.htm#bosson.
New Mexico governor Bill Richardson is sent copy. See http://www.prosefights.org/nmlegal/bossoncleanup/bossoncleanup.htm#richardson.
These documents were posted on Internet at http://www.nmol.com/users/billp/index.htm.
Wednesday April 13, 2005 all access to http://www.nmol.com/users/billp/index.htm is denied.
Comcast employee Jay phoned on May 4, 2005 and left a message on Payne's cell phone..
Listen to Jay's message: http://www.prosefights.org/comcastabuse/jaymessage.wav.
Apparently some individual[s?] attempted to have Comcast take down our Comcast web pages seen at http://mywebpages.comcast.net/bpayne37/index.htm.
Comcast investigated, Comcast employee Severin reported on May 17,005, and found no abuse. See http://www.prosefights.org/cibolafraud/cibolafraud.htm#severin.
Severin said that Comcast kept a log of the several complaints that we abused http://mywebpages.comcast.net/bpayne37/index.htm.
Two credit card fraud complaints were filed against Cibola Internet Services at US Bank for not receiving services paid for.
Cibola Internet Services falsely accused us of violating its
Terms and Conditions. See accusations at
Cibola Internet Service CFO Debra Uttaro was approached to settle the false and libelous claim of improprieties made to US Bank with email seen at http://www.prosefights.org/cibolafraud/cibolafraud.htm#settle.
Debra Uttaro did not respond.
Cibola Internet Services CEO Louis Uttaro who committed credit card fraud libels Payne in writing with false accusation. See http://www.prosefights.org/cibolafraud/cibolafraud.htm#louisuttaro.
Cibola Internet Services co-owner Salvador Chavez who committed credit card fraud also libels Payne in writing with false accusation. See http://www.prosefights.org/cibolafraud/cibolafraud.htm#salchavez.
We then approached the Better Business Bureau to help resolve the credit card fraud/libel issue with Cibola Internet Services [Debra and Louis Uttaro and Sal Chavez]. See http://www.prosefights.org/cibolafraud/bbb/bbb.htm#shipman1.
Better Business Bureau president Jerry Shipman responded
I am sorry but the BBB does not handle complaints alleging fraud or other criminal activities. Suggest you contact legal authorities.
We, of course, are taking Shipman's advice and contacting you to issue criminal complaints.
1 New Mexico employees James Gosler and Harold Folley along with yet unidentified National Security Agency employee[s?] have been identified as
A. A person is the maker of a libel who originally contrived and either executed it himself by writing, printing, engraving or painting, or dictated, caused or procured it to be done by others.
originators of the false and defaming documents seen at defaming documents seen at http://www.prosefights.org/nmlegal/supremecourt/cvpa.htm#gallegos.
RECOMMENDED ACTION 1: We ask that you prepare and serve criminal libel complaint affidavit on Gosler, Folley and NSA employee[s?] once we discover identity[ies].
Maximum sentence of 364 days should be given to Gosler, Folley, and NSA employee[s] for having caused this 14 year legal mess which has cost taxpayers more than $1,000,000 in legal fees.
2 New Mexico lawyer Jerry Walz committed two fourth degree felony crimes of fraud, two third degree felony crimes of extortion and four fourth degree conspiracy crimes in writing.
Lawyer Jerry Walz and judge Kenneth Brown sign order GRANTING DEFENDANTS' MOTION FOR INJUNCTIVE RELIEF PROHIBITING WILLIAM H. PAYNE FROM FILIING LAWSUITS IN NEW MEXICO COURT WITHOUT REPRESENTATION OF LICENCED COUNSEL [See http://www.prosefights.org/nmlegal/supremecourt/exhibito.htm#extortion].
Lawyer Jerry Walz signs and judge Robert Scott stamps order GRANTING DEFENDANTS' MOTION FOR INJUNCTIVE RELIEF PROHIBITING ARTHUR R MORALES FROM FILING LAWSUITS IN NEW MEXICO COURT WITH REPRESENTATION OF LICENCED COUNSEL [See http://www.prosefights.org/nmlegal/supremecourt/exhibitp.htm#extortion].
RECOMMENDED ACTION 2: We ask that you prepare and serve criminal felony affidavit on lawyer Jerry Walz for prima facie criminal felony COUNTS 1, 2, 3, 4, 5, 6, 7 and 8.
Maximum sentences of
31-18-15. Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions. ...
to run consecutively for total of 15 years should be given to lawyer Jerry Walz for attempting to overthrow right of trial by jury guaranteed inviolate by New Mexico and federal constitutions, right for a citizen to represent themselves pro se in court guaranteed by the Tenth amendment to the US constitution and conspiring with judges Brown and Scott to commit felonies.
Former second judicial chief judge W John Brennan and now federal judge W Daniel Schneider solicited lawyer Jerry Walz to commit felony fraud of dismissing 12 person jury trial lawsuit in violation of New Mexico statute 1-041: Dismissal of actions.
Lawyer Walz acknowledges Brennan and Schneider criminal solicitation in writing in filing caption. [See http://www.prosefights.org/nmlegal/supremecourt/exhibito.htm#fraud]
New Mexico judge W John Brennan, Kenneth G Brown, and Patricio Serna criminally solicited lawyer Jerry Walz to commit felony fraud of dismissing 12 person jury trial lawsuit in violation of New Mexico statute 1-041: Dismissal of actions.
Lawyer Walz acknowledges W John Brennan, Kenneth G Brown, and Patricio M. Serna criminal solicitation in writing in filing caption. [See http://www.prosefights.org/nmlegal/supremecourt/exhibitp.htm#fraud].
3 W John Brennan committed two criminal solicitations of fraud and three of extortion.
30-28-3. Criminal solicitation; penalty.
4 W Daniel Schneider committed one criminal solicitation of fraud and one of extortion.
COUNT 1 W Daniel Schneider solicited lawyer Jerry Walz and judge Kenneth Brown to commit fraud [See http://www.prosefights.org/nmlegal/supremecourt/exhibito.htm#fraud].
5 Patricio Serna committed one criminal solicitation of fraud and one of extortion.
COUNT 3 Patricio Serna solicited lawyer Jerry Walz and judge Robert Scott to commit fraud [See http://www.prosefights.org/nmlegal/supremecourt/exhibitp.htm#fraud].
RECOMMENDED ACTION 3 [covers items 3, 4, and 5 above]: We ask that you prepare and serve criminal felony affidavit on W John Brennan for counts 1, 2, 3, 4 and 5; W Daniel Schneider for count 1 and 2, and Patricio Serna for counts 1 and 2.
Maximum sentences of nine years for Brennan and three years each for Schneider, and Serna crimes should be imposed as a lesson to judges not to commit felony crimes in an attempt try to save themselves as opposed to settling.
6 Kenneth G Brown conspired, a fourth degree felony, with lawyer Jerry Walz to commit one criminal act of fraud and one criminal act of extortion, committed one third degree felony of extortion, and committed one fourth degree fraud felony.
COUNT 1 Judge Kenneth G Brown conspired with lawyer Jerry Walz, judge Brennan and judge Schneider to commit fraud [See signature http://www.prosefights.org/nmlegal/supremecourt/exhibito.htm#fraud].
7 Robert H Scott conspired with lawyer Jerry Brown to commit one criminal act of fraud and one criminal act of extortion.
COUNT 1 Robert H Scott conspired, fourth degree felony, with lawyer Jerry Walz to commit fraud [See stamp http://www.prosefights.org/nmlegal/supremecourt/exhibitp.htm#fraud].
RECOMMENDED ACTION 4 [covers item 6 and 7 above]: We ask that you prepare and serve criminal felony affidavit on Kenneth G Brown for counts 1, 2, 3, 4, 5 and 6, and Robert H Scott for counts 1, 2, 3 and 4 for criminal conspiracy..
Maximum sentence of years ten and one half years should be
given to Brown for attempting to overthrow 12 person trial by jury guaranteed
inviolate by New Mexico and federal constitutions and right for citizen to
represent themselves pro se guaranteed by tenth amendment to US
8 New Mexico citizen Don Svet commits two third degree felony acts of extortion in writing.
COUNT 1 Svet orders $625 being taken from citizens Morales and Payne without due process [see http://www.prosefights.org/nmlegal/supremecourt/svet1.htm].
Svet and others were sued in New Mexico 12 person jury trial lawsuit 2000-10289 guaranteed inviolate by New Mexico and federal constitutions on October 20, 2000 for replevin and harassment for return of the $625 taken without due process hearing.
Replevin, of course, is a state, not federal, issue.
Therefore, tolling of time [NMSA 30-01-09] to bring felony extortion charges against
Svet on COUNT 1 stopped 2 years and 8 months into the 5 year statute of
limitations specified in
RECOMMENDED ACTION 6: We ask that you prepare and serve
criminal felony affidavit on Svet for prima facie [evidence in writing] case of
Following criminal activities which led to dismissal of civ 20023025 and 20010794 12 person jury trial lawsuits guaranteed inviolate by both New Mexico and federal constitutions in violation of New Mexico statute 1-041: Dismissal of actions, Brennan then attempts to prevent Payne from filing appeal in 20010794. See http://www.prosefights.org/nmlegal/johnbrennan/johnbrennan.htm#gallegos.
Brennan's attempt to thwart an appeal in
20010794 sets into motion an unfortunate series criminal
actions by judges Bosson, Wechsler, Alarid, Pickard, Castillo, Minzner, Maes,
attorney general Patricia Madrid, New Mexico attorney general lawyers David
Joseph Tourek, Kathleen K. O'Dea and Michael R. Jones which eventually involves
may judges at the Tenth circuit and US supreme court.
New Mexico statutes defines
30-42-3. Definitions. As used in the Racketeering Act [30-42-1 NMSA 1978]:
These are precisely the crimes committed in writing above. And all indicate a "pattern of racketeering activity"
According to 30-42-5 you are the appropriate individual to take appropriate action.
We, of course, wish to settle these unfortunate matters so we would appreciate your and mayor Chavez' help before matters get worse.
We will have to proceed to the US supreme court to get a writ to void Brown, Scott, Downes, and Benson's judgments if you do not respond affirmatively. See http://www.prosefights.org/nmlegal\pacer\CITES%20BY%20TOPIC%20void%20judgment.htm.
Arthur R. Morales
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
Mayor Martin Chávez email@example.com
F James Sensenbrenner Sensenbrenner@mail.house.gov
New Mexico supreme court chief judge Richard Bosson scheduled appeal to New Mexico appeals court for Morales and Payne two prima facie case 12 person jury trial lawsuits for breach of contract against former second judicial chief judge W John Brenman.
Jeff Brinker, Jim Gosler appointed Sandia Fellows
By Neal Singer
Jim Gosler (5901) and Jeff Brinker (1846) have been appointed Sandia Fellows by Laboratory Director C. Paul Robinson.
They are the fifth and sixth Sandians so honored since the Laboratories were founded 57 years ago, and they already have plans to use their new positions -- which correspond to director of a line organization -- and distinctive capabilities to perform work that wouldn't have occurred to them before their appointments.
Says Jeff, "Maybe Gordon [Osbourn (1001), the only other active Fellow], Jim, and I will come up with a common denominator to find and work critical problems that would be of importance to the Laboratories. Maybe we can do something interesting instead of being disconnected entities."
Ordinarily, he said, "My world doesn't intersect with Jim's at all. But he has major issues he's identified. Maybe Gordon can provide modeling, I do the materials work, and Jim identifies the threats."
Jim is a widely recognized expert in areas of information security that are generally classified as "dark" areas. Jeff is an internationally recognized expert in materials science, particularly in the area of sol-gel processing of ceramics and self-assembling nanostructures.
Says Jim, "One of the loves of my life is what has historically been known as blackhatting. In the past, I've pulled together a collection of diverse technical people looking for vulnerabilities in weapons components that bad guys might attempt to exploit, with the idea of getting there before they do. Over the last 15 years, I've been deeply involved with the operational world and finding novel applications of technology to support that world. I suppose that broadens the definition of Sandia Fellow in the Labs; I don't fit the Brinker-Osbourn scientist mold. So we agreed that the three of us get together on problems of national interest where the blend of our expertise could be useful in finding solutions to these problems and perhaps provide seed material for others within the lab."
Gordon, Jim says, was one of the first to e-mail him congratulations and suggest further talks upon learning of his appointment.
Says Pace VanDevender, VP 1000, who supported Jeff's nomination and saw it through the intensive scrutiny required, "Jeff, who has been a Senior Scientist in Materials & Process Sciences Center 1800, is an internationally recognized materials scientist, and is best known as one of the founding fathers of the field of sol-gel processing. Jeff's work in the new field of nano-engineering has substantially contributed to establishing Sandia's credibility as a leader in the National Nanotechnology Initiative."
Open research vs. classified world
Sandia VP for Nonproliferation and Assessments Al Romig (5000) proposed both Jeff's and Jim's nomination.
"This award is given to honor Sandia researchers who have had a significant impact on the nation and their community," says Al. "While Jeff and Gordon have had a visible impact on the scientific community, Jim has done the same -- less visibly, obviously -- on national security for the intelligence community. Frankly, it's easier to measure papers, awards, and citations for scientists. Measuring impact in the classified world is based on our evaluation of the large impact that Jim's information technology applications have in the nation's intelligence community. That impact was highlighted in George Tenet's [Director of Central Intelligence] presentation of a major award to Jim in a private ceremony a few years ago. That was only one of many praises from senior intelligence people. These endorsements were used in supporting Jim's selection as a Sandia Fellow."
Jim, an expert in vulnerability assessment, "is mysterious for what he's done, and boy, has he done it well," quipped Al, who hired into Sandia on almost the same day as Jim and shared the same uncleared office in 1979.
Re Jeff, Al said, "One of the things Paul [Robinson, Labs President] likes to say is that Jeff almost owns Science and Nature magazines. It's true that Jeff has been a very prolific author there. In professional journals, he's one of the most highly cited authors we have at Sandia. He's almost without peer. He's also the only Sandian with the rights of a Sandia Fellow and at the University of New Mexico of a full professor. In addition to his extraordinary accomplishments, he is also more than ready, willing, and able to apply his expertise to solve problems that are critical to Sandia. There have been a number of issues critical to the national security enterprise when DOE looked across its labs and Jeff was the only one who could do it, and he did it."
Says Jim, "One thing I want to do with the remaining parts of my career is to take all that I have learned technically, programmatically, and operationally and apply that as best I can helping the people back East solve problems relating to the war on terrorism, and help Sandians apply their wonderful technical capabilities in supporting those efforts. The three of us are pretty different in our background, so we may get a lot done.
"I'm really exhilarated and honored to have this opportunity; I had an opportunity to work with Gus Simmons [a retired Sandia Fellow] in my early years. He had a significant impact on me at the Lab. He took the time to provide input and guidance. He helped me along the way. So it's particularly delightful for me to now hold the same position." ...
| New Mexico Statute 41-4-4. Granting immunity from tort
liability; authorizing exceptions.
A. A governmental entity and any public employee while acting within the scope of duty are granted immunity from liability for any tort except as waived by the New Mexico Religious Freedom Restoration Act [28-22-1 NMSA 1978] and by Sections 41-4-5 through 41-4-12 NMSA 1978. Waiver of this immunity shall be limited to and governed by the provisions of Sections 41-4-13 through 41-4-25 NMSA 1978, but the waiver of immunity provided in those sections does not waive immunity granted pursuant to the Governmental Immunity Act [41-13-1 NMSA 1978].
B. Unless an insurance carrier provides a defense, a governmental entity shall provide a defense, including costs and attorney fees, for any public employee when liability is sought for:
(1) any tort alleged to have been committed by the public employee while acting within the scope of his duty; or
(2) any violation of property rights or any rights, privileges or immunities secured by the constitution and laws of the United States or the constitution and laws of New Mexico when alleged to have been committed by the public employee while acting within the scope of his duty.
C. A governmental entity shall pay any award for punitive or exemplary damages awarded against a public employee under the substantive law of a jurisdiction other than New Mexico, including other states, territories and possessions and the United States of America, if the public employee was acting within the scope of his duty.
D. A governmental entity shall pay any settlement or any final judgment entered against a public employee for:
(1) any tort that was committed by the public employee while acting within the scope of his duty; or
(2) a violation of property rights or any rights, privileges or immunities secured by the constitution and laws of the United States or the constitution and laws of New Mexico that occurred while the public employee was acting within the scope of his duty.
E. A governmental entity shall have the right to recover from a public employee the amount expended by the public entity to provide a defense and pay a settlement agreed to by the public employee or to pay a final judgment if it is shown that, while acting within the scope of his duty, the public employee acted fraudulently or with actual intentional malice causing the bodily injury, wrongful death or property damage resulting in the settlement or final judgment.
F. Nothing in Subsections B, C and D of this section shall be construed as a waiver of the immunity from liability granted by Subsection A of this section or as a waiver of the state's immunity from suit in federal court under the eleventh amendment to the United States constitution.
G. The duty to defend as provided in Subsection B of this section shall continue after employment with the governmental entity has been terminated if the occurrence for which damages are sought happened while the public employee was acting within the scope of duty while the public employee was in the employ of the governmental entity.
H. The duty to pay any settlement or any final judgment entered against a public employee as provided in this section shall continue after employment with the governmental entity has terminated if the occurrence for which liability has been imposed happened while the public employee was acting within the scope of his duty while in the employ of the governmental entity.
I. A jointly operated public school, community center or athletic facility that is used or maintained pursuant to a joint powers agreement shall be deemed to be used or maintained by a single governmental entity for the purposes of and subject to the maximum liability provisions of Section 41-4-19 NMSA 1978.
J. For purposes of this section, a "jointly operated public school, community center or athletic facility" includes a school, school yard, school ground, school building, gymnasium, athletic field, building, community center or sports complex that is owned or leased by a governmental entity and operated or used jointly or in conjunction with another governmental entity for operations, events or programs that include sports or athletic events or activities, child-care or youth programs, after-school or before-school activities or summer or vacation programs at the facility.
K. A fire station that is used for community activities pursuant to a joint powers agreement between the fire department or volunteer fire department and another governmental entity shall be deemed to be operated or maintained by a single governmental entity for the purposes of and subject to the maximum liability provisions of Section 41-4-19 NMSA 1978. As used in this subsection, "community activities" means operations, events or programs that include sports or athletic events or activities, child care or youth programs, after-school or before-school activities, summer or vacation programs, health or education programs and activities or community events.