FILED 1st JUDICIAL DISTRICT COURT
Santa Fe County
8/5/2025 10:49 AM
KATHLEEN VIGIL CLERK OF THE COURT
Alitzah F Garcia

STATE OF NEW MEXICO
COUNTY OF SANTA FE
FIRST JUDICIAL DISTRICT COURT
HUMAN RIGHTS DEFENSE CENTER,
Plaintiff,

Cause No. D-101-CV-2025-01989
CENTURION CORRECTIONAL
HEALTHCARE OF NEW MEXICO, LLC,
MICHAEL J. BENTLEY, in his official
capacity as THE RECORDS CUSTODIAN
OF CENTURION CORRECTIONAL
HEALTHCARE OF NEW MEXICO, LLC,
THE NEW MEXICO CORRECTIONS
DEPARTMENT, DAVID PARDO, in his
official capacity as THE RECORDS
CUSTODIAN OF THE NEW MEXICO
CORRECTIONS DEPARTMENT,
ENTITIES 1-5, and JANE AND JOHN DOES
1-5,

Case assigned to Biedscheid, Bryan

Defendants.
COMPLAINT TO ENFORCE THE INSPECTION OF PUBLIC RECORDS ACT,
FOR PRODUCTION OF PUBLIC RECORDS, AND FOR DAMAGES, COSTS,
AND ATTORNEYS’ FEES
The Human Rights Defense Center (“HRDC”), through counsel, Ives & Flores, PA, brings
these causes of action to enforce the Inspection of Public Records Act, NMSA 1978, §§ 14-2-1 to
-12 (“IPRA”).
I.
1.

PARTIES

HRDC is a national nonprofit civil rights organization that focuses its mission on public

education, advocacy and outreach to incarcerated persons and the public about the social and
economic costs of prisons to society.

2.

HRDC accomplishes its mission through advocacy, litigation, and the publication and

distribution of books, magazines, and other information concerning prisons and the rights of
incarcerated prisoners.
3.

To gather information for its various publications, HRDC relies on public records laws and

the prompt production of records of the operations of public and private prisons and their medical
facilities.
4.

HRDC’s award-winning publication, Prison Legal News, uses these records to inform

thousands of subscribers in the United States and abroad, including prisoners, attorneys,
journalists, academics, public libraries, courthouse libraries, and judges. The publication has
distributed over two million copies to prisoners in 3,000 correctional facilities across the United
States, including the Federal Bureau of Prisons, and prisons in all 50 states.
5.

Centurion Correctional Healthcare of New Mexico, LLC, is a domestic limited liability

company incorporated in the State of New Mexico. Centurion has contracted with government
entities in New Mexico to provide healthcare services to inmates of prisons and jails. Centurion
has contracted with NMCD to provide medical, mental health, pharmaceutical, and related services
to incarcerated persons. Centurion has also provided similar services through contracts with county
governments, including, for example, a contract with Bernalillo County to provide medical and
mental health services to detainees of the Metropolitan Detention Center in Albuquerque, New
Mexico. Pursuant to its contracts and state law, Centurion is responsible for the maintenance, care
or keeping of public records arising from the provision of medical care to detainees and prisoners
in New Mexico’s prisons and county jails.
6.

Michael J. Bentley was, at all relevant times, the records custodian for Centurion

Correctional Healthcare of New Mexico, LLC. Mr. Bentley is sued in his official capacity.

2

7.

The New Mexico Corrections Department is a department of the State of New Mexico and

a “public body” as defined by IPRA. NMCD is charged with the operation of prison facilities in
the state.
8.

David Pardo was, at all relevant times, the records custodian for NMCD. Mr. Pardo is sued

in his official capacity.
9.

The true names of Entities 1-5 are presently unknown to HRDC. Entities 1-5 are, upon

information and belief, corporations, partnerships, firms, associations, or entities which operate
with and have substantial ties to Centurion Correctional Healthcare of New Mexico, LLC. Upon
information and belief, Entities 1-5 are responsible for the maintenance, care or keeping of public
records arising from the provision of medical care to detainees and prisoners in New Mexico’s
prisons and county jails. Upon information and belief, Entities 1-5 received HRDC’s request to
inspect public records and failed to permit inspection.
10.

The true names of Jane and John Does 1-5 are presently unknown to HRDC. Does 1-5 are,

upon information and belief, persons responsible for the maintenance, care or keeping of public
records arising from the provision of medical care to detainees and prisoners in New Mexico’s
prisons and county jails. Upon information and belief, Does 1-5 received HRDC’s request to
inspect public records and failed to permit inspection. Does 1-5 are sued in their official capacities.
II.
11.

JURISDICTION AND VENUE

This Court has jurisdiction over this action pursuant to the New Mexico Constitution, Art.

VI, § 13 and NMSA 1978, § 14-2-12(A)(2) (1993).
12.

Venue is proper in Santa Fe County, New Mexico, pursuant to NMSA 1978, § 38-3-1(G)

(1988).
III.

FACTUAL ALLEGATIONS

3

13.

Centurion provided contractually specified healthcare services to inmates incarcerated with

NMCD pursuant to a contract between NMCD and Centurion from July 1, 2016 to November 25,
2019.
14.

The provision of inmate healthcare services is a public function.

15.

Centurion was paid approximately $41 million per year in public funds for the contract

term, totaling over $150 million.
16.

During this period, Centurion provided healthcare services to New Mexico’s inmates at

eleven state-owned and privately operated facilities.
17.

Pursuant to the contract, NMCD’s Health Services Bureau furnished medical equipment

for Centurion’s use at each facility and allotted Centurion an additional $250,000 of taxpayer funds
each year to purchase or lease equipment, subject to NMCD’s approval.
18.

Centurion was required by the NMCD contract to deliver healthcare to NMCD’s public

facilities in accordance with NMCD’s mission.
19.

Centurion’s physicians, physician assistants, and registered nurses were required to

conform to NMCD’s rules and regulations. See NMSA 1978, § 33-2-13 (2015) (“A physician or a
physician assistant, advanced practice registered nurse or a certified midwife working within that
person’s scope of practice, when visiting the penitentiary of New Mexico, shall conform to its
rules and regulations.”); also NMSA 1978, § 33-2-11(A) (1990) (“The corrections department has
the power and duty to examine and inquire into all matters connected with the … treatment of
prisoners.”).
20.

The contract afforded NMCD substantial oversight and control over Centurion’s activities

in New Mexico and made Centurion an instrumentality of the corrections department.

4

21.

Centurion employees were required by the contract to obtain security clearances and

background checks prior to accessing NMCD property.
22.

NMCD retained the right under its contract with Centurion to exclude Centurion employees

from its facilities and to impose full-time supervision of any Centurion employee at the
department’s discretion.
23.

NMCD retained the right to escort Centurion’s employees off the property for

inappropriate conduct or any actions that jeopardize the safety, security, or well-being of the
facility.
24.

Pursuant to the contract, Centurion was required to furnish all information and reports to

NMCD as required by NMCD’s rules, regulations, and policies.
25.

Pursuant to the contract, NMCD imposed minimum staffing levels on Centurion, required

regular reporting and staffing compensation, and required Centurion to fill job vacancies within a
definite period of time.
26.

Pursuant to the contract, Centurion was required to report monthly to NMCD about patient

care issues, and Centurion understood from the terms of the contract that such information could
be subject to public inspection.
27.

NMCD had the right under the contract to set performance criteria for Centurion’s

healthcare services and approve Centurion’s key staff, including managers, medical directors,
nursing directors, site physicians, psychiatrists, and mid-level practitioners.
28.

Pursuant to the contract, NMCD had the right to review Centurion’s financial records,

lesson plans, orientation checklists, and timekeeping records.
29.

Centurion was required by the contract to submit to NMCD’s audits and provide to NMCD

all necessary or requested data.

5

30.

NMCD had access to all of Centurion’s fiscal records and other documents pertinent to the

contract, and NMCD could perform examinations and audits and make excerpts and transcripts of
those materials.
31.

NMCD had the right to audit Centurion’s performance of the contract, make onsite visits,

interview Centurion’s employees and staff, and access all of Centurion’s records, books,
documents, papers, plans, reports, and writings pertinent to the contract, and copy those records as
needed.
32.

On March 17, 2025, HRDC sent Centurion a records request seeking “records reflecting

the identity of any licensed professional who was subject to a lapse, suspension, or loss of their
professional licensure, or any form of professional sanction for the period beginning July 1, 2016
and continuing through the present.” The records request is attached as Exhibit 1.
33.

The records request was addressed to Centurion Correctional Healthcare of New Mexico,

LLC, through its registered agent in Espanola, New Mexico, and directed where Centurion or any
of its subsidiaries or affiliates provide inmate healthcare under a contract within the boundaries of
New Mexico.
34.

IPRA requires a records custodian to respond to a request to inspect public records within

three business days, either by permitting inspection or by explaining in writing when the records
will be made available for inspection or when a response will be sent. NMSA 1978 § 14-2-8(D)
(1993).
35.

USPS delivered the letter to Centurion’s registered agent on March 20, 2025. A copy of

the certified mail receipt is attached as Exhibit 2.
36.

Over a month later, on April 23, 2025, Defendant Bentley acknowledged receipt of the

records request on Centurion’s behalf and wrote that Centurion was researching the request and

6

would be in touch. A copy of Defendant Bentley’s letter acknowledging receipt is attached as
Exhibit 3.
37.

On June 6, 2025, Defendant Bentley sent additional correspondence declining to respond

to HRDC’s IPRA request. A copy of the letter is attached as Exhibit 4.
38.

Defendant Bentley’s letter identified several reasons why Centurion would not provide a

response, including (i) that Centurion is not subject to IPRA and that the request should be directed
to NMCD; (ii) that the request includes confidential documents protected from public inspection
by NMSA 1978, Sections 14-2-1, 41-5-20, 61-5A-25, and 61-6-34; (iii) that even if the request
was properly made “Centurion would not have responsive documents,” which would only be
incidental to provider applications or personnel files and would require a laborious search; and (iv)
that the records Centurion could produce if it responded to HRDC’s IPRA request would also
typically be maintained by public boards and agencies.
39.

In response to Defendant Bentley’s letter, on June 11, 2025, HRDC submitted an identical

public records request to Defendant NMCD in an attempt to obtain the records from the corrections
department. A copy of the IPRA request to Defendant NMCD is attached as Exhibit 5.
40.

That same day, Defendant Pardo responded to HRDC’s request on behalf of Defendant

NMCD. A copy of Defendant Pardo’s response is attached as Exhibit 6.
41.

Defendant Pardo’s response stated that HRDC’s request to NMCD was “not made to the

proper agency,” and that those records are not NMCD’s responsibility. According to Defendant
Pardo, the request should be made directly to Centurion, but because the records custodian for
Centurion was not known to NMCD, NMCD could not forward the request for HRDC and the
request would be closed.
42.

HRDC received no further correspondence from Defendant Pardo or Defendant NMCD.

7

43.

On June 27, 2025, HRDC advised Defendant Bentley and Centurion that the corrections

department declined to produce the records and directed HRDC to Centurion. HRDC clarified that
it did not seek patient care records, portions of records that are attorney-client privileged, or ROIAqualifying data made confidential by Section 41-9-1 et seq. Defendant Bentley requested a copy
of the correspondence from Defendant Pardo, which HRDC provided. A copy of the
correspondence between HRDC and Defendant Bentley is attached as Exhibit 7.
44.

HRDC received no further communication from Defendant Bentley or Defendant

Centurion.
45.

On information and belief, all defendants have custody, control, or access to at least some

records responsive to HRDC’s request.
46.

On information and belief, some, if not all, information requested by HRDC is not exempt

from public inspection pursuant to IPRA.
47.

To date, no defendant has conducted any search to locate responsive records for HRDC,

review the records to determine whether any of IPRA’s exceptions apply, redact any confidential
information, and produce all non-exempt portions of any responsive record.
IV.
48.

IPRA ALLEGATIONS

New Mexico recognizes “that a representative government is dependent upon an informed

electorate…[and] all persons are entitled to the greatest possible information regarding the affairs
of the government. ...” NMSA 1978 § 14-2-5 (1993).
49.

On information and belief, between 15 and 25% of physicians employed in prisons and

jails are either unlicensed or their licenses have been suspended for misconduct ranging from
serious medical negligence to sexual abuse.

8

50.

The public has an interest in knowing whether medical providers providing healthcare

services in New Mexico’s prisons and jails are properly licensed or have been subject to license
suspensions and revocations.
51.

The public has an interest in knowing whether private entities receiving hundreds of

millions of dollars in public funds are properly screening applicants or knowingly hiring medical
providers with suspended or revoked licenses to provide healthcare for inmates and detainees.
52.

The public has an interest in knowing whether public agencies are appropriately overseeing

their medical contractors and ensuring that medical providers are providing safe care to inmates in
New Mexico’s prisons and jails.
53.

The public has an interest in knowing which documents state and county governments and

private medical providers keep, maintain, and review regarding the qualifications and licenses held
by medical providers providing healthcare services in New Mexico’s prisons and jails.
54.

The records requested by HRDC are documents used, created, received, maintained, or

held by or on behalf of a public body and relate to public business and are therefore public records
as defined by IPRA. See § 14-2-6(H).
55.

IPRA provides that a district court “may … order an injunction or other appropriate remedy

to enforce the provisions of the Inspection of Public Records Act.” See § 14-2-12(B).
56.

In addition, IPRA provides that the court shall award damages, costs, and reasonable

attorneys’ fees to any person whose written request has been denied and is successful in a court
action to enforce the provisions of IPRA. See § 14-2-12(D).
57.

When a records custodian fails to search for responsive records and instead makes a

perfunctory denial of a public records request, the defendant is also subject to statutory penalties

9

of up to $100 per day. See § 14-2-11(C); Albuquerque J. v. Bd. of Educ. of Albuquerque Pub. Sch.
No. A-1-CA-40172, ¶¶ 66-67, 2024 WL 4661678 at *16.
CAUSES OF ACTION
Count I: Right of Access to Public Records Pursuant to IPRA against Defendants
Centurion, Bentley, Entities 1-5, and Does 1-5
58.

All paragraphs in this Complaint are incorporated by reference as if fully set forth herein.

59.

Defendants Centurion, Bentley, Entities 1-5, and Does 1-5 are persons or entities

responsible for the maintenance, care or keeping of NMCD’s public records, and are therefore
records custodians as defined by IPRA. See § 14-2-6(A).
60.

HRDC made a valid request to inspect public records and submitted that request in writing

to Defendants Centurion, Bentley, Entities 1-5, and Does 1-5 as required by IPRA. See § 14-28(A)-(C).
61.

Defendants Centurion, Bentley, Entities 1-5, and Does 1-5 received HRDC’s request but

did not acknowledge receipt of the request within three business days or permit inspection within
fifteen days in violation of IPRA. See § 14-2-8(D).
62.

In the event HRDC did not submit its request to the correct custodian having possession or

responsibility for the requested records, Defendants Centurion, Bentley, Entities 1-5, and Does 15 had an obligation to promptly forward the request to the correct custodian, but Defendants failed
to do so. See § 14-2-8(E).
63.

Defendants Centurion, Bentley, Entities 1-5, and Does 1-5 did not conduct any search to

identify records responsive to HRDC’s request as required by IPRA. See Britton v. Office of
Attorney Gen., 2019-NMCA-002, ¶ 31, 433 P.3d 320.

10

64.

Defendants Centurion, Bentley, Entities 1-5, and Does 1-5 made no attempt to determine

which public records are responsive to HRDC’s request and which portions thereof may be exempt
from disclosure as required by IPRA. Id.
65.

Defendants Centurion, Bentley, Entities 1-5, and Does 1-5 made no attempt to redact

exempt information and provide all nonexempt portions of responsive records to HRDC for public
inspection as required by IPRA. See § 14-2-9(A).
66.

Defendants Centurion, Bentley, Entities 1-5, and Does 1-5 did not issue a denial letter as

required by IPRA when records are exempt from public inspection, but instead speculated about
which exceptions might apply to the records requested without ever actually reviewing any
responsive records. See § 14-2-11(B).
67.

At least a substantial portion of the records HRDC requested to inspect are not exempt

from public inspection by any exception to IPRA, including the potential exceptions cited in
Defendant Bentley’s letter. See § 14-2-1. It is well-established that information documenting
professional licensure lapses, suspensions, and revocations are typically available to the public.
68.

Defendants Centurion, Bentley, Entities 1-5, and Does 1-5 are aware that IPRA applies to

private entities providing correctional medical care in New Mexico’s prison system and declined
to comply with IPRA anyway. See New Mexico Found. for Open Gov't v. Corizon Health, 2020NMCA-014, ¶ 21, 460 P.3d 43.
69.

HRDC is entitled to an injunction against Defendants Centurion, Bentley, Entities 1-5, and

Does 1-5 requiring compliance with IPRA.
70.

HRDC is entitled to the maximum statutory penalties permitted by law against Defendants

Centurion, Bentley, Entities 1-5, and Does 1-5.

11

71.

HRDC is entitled to an award of attorneys’ fees, costs, actual damages against, and interest

on the judgment as permitted by law against Defendants Centurion, Bentley, Entities 1-5, and Does
1-5.
Count II: Right of Access to Public Records Pursuant to IPRA against Defendants
NMCD and Pardo
72.

All paragraphs in this Complaint are incorporated by reference as if fully set forth herein.

73.

Defendants NMCD and Pardo are persons or entities responsible for the maintenance, care

or keeping of NMCD’s public records, and are therefore records custodians as defined by IPRA.
See § 14-2-6(A).
74.

Defendants NMCD and Pardo have actual responsibility for the records requested by

HRDC and must produce those records, regardless of whether the records are in Defendants’ actual
physical custody and control. See id.
75.

HRDC made a valid request to inspect public records and submitted that request in writing

to Defendants NMCD and Pardo as required by IPRA. See § 14-2-8(A)-(C).
76.

Defendants NMCD and Pardo received HRDC’s request to inspect public records and

immediately declined to conduct a search for responsive records or to exercise NMCD’s
contractual rights to seek the records from Defendant Centurion. See Britton, 2019-NMCA-002,
¶ 31.
77.

In the event Defendants NMCD and Pardo had no contractual right to obtain HRDC’s

requested records from Centurion, Defendants unreasonably contracted away their statutory duty
to preserve records for public inspection without requiring NMCD’s contractor to designate a
records custodian and comply with state law.
78.

HRDC is entitled to an injunction against Defendants NMCD and Pardo requiring

compliance with IPRA.
12

79.

HRDC is entitled to the maximum statutory penalties permitted by law against Defendants

NMCD and Pardo.
80.

HRDC is entitled to an award of attorneys’ fees, costs, actual damages, and interest on the

judgment as permitted by law against Defendants NMCD and Pardo.
Prayer for Relief
WHEREFORE, Plaintiff respectfully seeks the following relief:
A.

Order an appropriate injunction against all defendants requiring a search for

responsive records;
B.

Order an appropriate injunction against all defendants requiring production of all

nonexempt responsive records;
C.

Order an appropriate injunction against all defendants requiring issuance of a denial

letter with respect to specific records or portions thereof that are exempt from public inspection;
D.

Award actual damages, statutory damages, costs, reasonable attorneys’ fees, and

pre- and post-judgment interest as permitted by law;
E.

Grant such other and further relief as to the Court deems proper.

Respectfully submitted,
IVES & FLORES, PA
/s/ Adam C. Flores
Adam C. Flores
Laura Schauer Ives
Andrew J. Pavlides
925 Luna Cir. NW
Albuquerque, NM 87102
(505) 364-3858
adam@nmcivilrights.com
laura@nmcivilrights.com
andrew@nmcivilrights.com
13

-andJonathan Picard
Pro Hac Vice application forthcoming
Human Rights Defense Center
P.O. Box 1151
Lake Worth, FL 33460
Tel: (561) 360-2523
jpicard@humanrightsdefensecenter.org
Attorneys for Plaintiff

14

Human Rights Defense Center
DEDICATED TO PROTECTING HUMAN RIGHTS

March 17, 2025
Centurion Correctional HealthCare Of New Mexico, LLC
Registered Agent: CT Corporation
Attn: Records Custodian
206 S. Coronado Ave
Espanola, NM 87532-2792
Sent via Certified Mail No:
7016 0910 0001 8065 1472

Re: Request for Licensed Professional Sanction Records – Centurion New Mexico
Entities
To the Records Custodian:
The Human Rights Defense Center (“HRDC”) makes this request pursuant to the New Mexico Inspection
of Public Records Act, N.M. Stat. Ann. § 14-2-1, et seq. HRDC is a non-profit dedicated to advocacy and
education around criminal justice issues. Among other activities, HRDC publishes the journals Prison
Legal News and Criminal Legal News.
This request is directed where Centurion or any of its subsidiaries or affiliates provided inmate healthcare
under a contract within the boundaries of New Mexico, in accordance with the recent changes to New
Mexico’s public records law which affirm that private entities performing a public function for a public
agency are subject to the Inspection of Public Records Act. This request includes, but is not limited to,
Centurion Correctional Healthcare of New Mexico, LLC, MHM Health Professionals, Inc., and Centurion
Managed Care, as well as any other Centurion entity that provided or managed the provision of inmate
care for Centurion’s contracts in the State of New Mexico.
HRDC is seeking all records reflecting the identity of any licensed professional who was subject to a
lapse, suspension, or loss of their professional licensure, or any form of professional sanction, for the
period beginning July 1, 2016, and continuing through the present.
I request that the above-described public records be provided to me in electronic format if they exist in
electronic format, pursuant to NMSA § 14-2-9(B). In the event that such documents are only available in
hard copy format, I request an opportunity to inspect and copy the specific public records I select from the
records identified above.
If this request encompasses information or records that Centurion claims are exempt from disclosure
pursuant to any applicable statute or law, then please redact such information, as required by NMSA
1978, §14-2-1(B), from the document or record rather than withhold the entire document from disclosure.

P.O. Box 1151, Lake Worth, FL 33460
561-360-2523 | FOIA@humanrightsdefensecenter.org
EXHIBIT 1

If you apply any redactions, please describe the redacted information and provide a basis for your claim
that the redacted information is not subject to disclosure.
If you claim that any of the requested records are not a public record, or if you claim a privilege not to
disclose any record, please describe the record(s) being withheld and state the basis for your claim of
privilege or confidentiality. Please produce all public records for which you do not claim an exemption or
privilege, as the above requests are segregable.
HRDC is a non-profit organization. These records are not for any profit-related or commercial purpose.
Should there be any fees incurred related to the production of the public records I am requesting, I request
a waiver of such fees.
Please respond to this records request within fifteen (15) days of receipt of same. Note that failure to
respond to this records request within fifteen (15) days will be considered a denial of my public records
request, and I will duly take appropriate action. If you need additional time in which to produce the
requested records, please advise in writing so I may consider your request for an extension of time.
Please contact me if this request does not describe all of the above-requested documents with sufficient
specificity for you to make a reasonable response, and I will attempt to reformulate the request in a
manner that meets your requirements. If you are not the custodian of the records I am requesting, please
promptly forward this request to the custodian of the requested records and notify me accordingly. Please
contact me via email, foia@humanrightsdefensecenter.org, should you require any additional information.
Thank you for your time and attention in this matter.

Sincerely,

Tiffany Hollis
Public Records Manager
HUMAN RIGHTS DEFENSE CENTER

P.O. Box 1151, Lake Worth, FL 33460
561-360-2523 | FOIA@humanrightsdefensecenter.org

EXHIBIT 2

Michael J. Bentley
Partner
mbentley@bradley.com
601.592.9935 direct

Via Electronic Mail

April 23, 2025

Tiffany Hollis
Public Records Manager
Human Rights Defense Center
P.O. Box 1151
Lake Worth, FL 33460
FOIA@humanrightsdefensecenter.org
RE:

HRDC Request for Licensed Professional Sanction Records – New Mexico

Dear Ms. Hollis:
I am writing to acknowledge your letter of March 17, 2025, which was mailed to the
registered agent for Centurion Correctional Healthcare of New Mexico, LLC (“Centurion”) and
seeks certain records pursuant to the New Mexico Inspection of Public Records Act, N.M. Stat. §
14-2-1 et seq.
Centurion is researching your request and will be in touch after it has had a reasonable
opportunity to consider it.
Sincerely,

Michael J. Bentley
cc:

Deana Johnson, Esq.

EXHIBIT 3
Bradley Arant Boult Cummings LLP | One Jackson Place | 188 E Capitol Street, Ste 1000 | Jackson, MS 39201 | 601.948.8000 | bradley.com

EXHIBIT 4

Human Rights Defense Center
DEDICATED TO PROTECTING HUMAN RIGHTS

June 11, 2025
New Mexico Corrections Dept
Attn: Public Records Manager
PO Box 27116
Santa Fe, NM 87502
Sent via email to: NMCD-IPRA@state.nm.us

Re:
Request for Licensed Professional Sanction Records – Centurion New Mexico
Entities
To the Records Custodian:
The Human Rights Defense Center (“HRDC”) makes this request pursuant to the New Mexico Inspection
of Public Records Act, N.M. Stat. Ann. § 14-2-1, et seq. HRDC is a non-profit dedicated to advocacy and
education around criminal justice issues. Among other activities, HRDC publishes the journals Prison
Legal News and Criminal Legal News.
This request is directed where Centurion or any of its subsidiaries or affiliates provided inmate healthcare
under a contract within the boundaries of New Mexico, in accordance with the recent changes to New
Mexico’s public records law which affirm that private entities performing a public function for a public
agency are subject to the Inspection of Public Records Act. This request includes, but is not limited to,
Centurion Correctional Healthcare of New Mexico, LLC, MHM Health Professionals, Inc., and Centurion
Managed Care, as well as any other Centurion entity that provided or managed the provision of inmate
care for Centurion’s contracts in the State of New Mexico.
HRDC is seeking all records reflecting the identity of any licensed professional who was subject to a
lapse, suspension, or loss of their professional licensure, or any form of professional sanction, for the
period beginning July 1, 2016, and continuing through the present.
I request that the above-described public records be provided to me in electronic format if they exist in
electronic format, pursuant to NMSA § 14-2-9(B). In the event that such documents are only available in
hard copy format, I request an opportunity to inspect and copy the specific public records I select from the
records identified above.
If this request encompasses information or records that Centurion claims are exempt from disclosure
pursuant to any applicable statute or law, then please redact such information, as required by NMSA
1978, §14-2-1(B), from the document or record rather than withhold the entire document from disclosure.

P.O. Box 1151, Lake Worth, FL 33460
561-360-2523 | FOIA@humanrightsdefensecenter.org
EXHIBIT 5

If you apply any redactions, please describe the redacted information and provide a basis for your claim
that the redacted information is not subject to disclosure.
If you claim that any of the requested records are not a public record, or if you claim a privilege not to
disclose any record, please describe the record(s) being withheld and state the basis for your claim of
privilege or confidentiality. Please produce all public records for which you do not claim an exemption or
privilege, as the above requests are segregable.
HRDC is a non-profit organization. These records are not for any profit-related or commercial purpose.
Should there be any fees incurred related to the production of the public records I am requesting, I request
a waiver of such fees.
Please respond to this records request within fifteen (15) days of receipt of same. Note that failure to
respond to this records request within fifteen (15) days will be considered a denial of my public records
request, and I will duly take appropriate action. If you need additional time in which to produce the
requested records, please advise in writing so I may consider your request for an extension of time.
Please contact me if this request does not describe all of the above-requested documents with sufficient
specificity for you to make a reasonable response, and I will attempt to reformulate the request in a
manner that meets your requirements. If you are not the custodian of the records I am requesting, please
promptly forward this request to the custodian of the requested records and notify me accordingly. Please
contact me via email, foia@humanrightsdefensecenter.org, should you require any additional information.
Thank you for your time and attention in this matter.

Sincerely,

Tiffany Hollis
Public Records Manager
HUMAN RIGHTS DEFENSE CENTER

P.O. Box 1151, Lake Worth, FL 33460
561-360-2523 | FOIA@humanrightsdefensecenter.org

From:
To:
Subject:
Date:

Pardo, David, CD
Tiffany Hollis
Re: [EXTERNAL] Public Records Request-HRDC
Wednesday, June 11, 2025 9:59:16 AM

Your request is not made to the proper agency. We do not have responsive records because
they are not in our possession or responsibility. Because the records custodian for Centurion is
not known to us within the meaning of NMSA 1978, § 14-2-8(E), we are forgoing referring
your request to them.
This request is now considered closed.
David Pardo
Deputy General Counsel
New Mexico Corrections Department
Office of General Counsel
505-690-5988
david.pardo@cd.nm.gov

From: Tiffany Hollis <thollis@humanrightsdefensecenter.org>
Sent: Wednesday, June 11, 2025 7:35 AM
To: NMCD-IPRA <NMCD-IPRA@state.nm.us>
Subject: [EXTERNAL] Public Records Request-HRDC
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To the Records Custodian:

Attached please find an Public Records Request from the Human Rights Defense Center;
the text of this request is duplicated in the body of this message.
The Human Rights Defense Center (“HRDC”) makes this request pursuant to the New Mexico
Inspection of Public Records Act, N.M. Stat. Ann. § 14-2-1, et seq. HRDC is a non-profit dedicated to
advocacy and education around criminal justice issues. Among other activities, HRDC publishes the
journals Prison Legal News and Criminal Legal News.

EXHIBIT 6

This request is directed where Centurion or any of its subsidiaries or affiliates provided inmate
healthcare under a contract within the boundaries of New Mexico, in accordance with the recent
changes to New Mexico’s public records law which affirm that private entities performing a public
function for a public agency are subject to the Inspection of Public Records Act. This request
includes, but is not limited to, Centurion Correctional Healthcare of New Mexico, LLC, MHM Health
Professionals, Inc., and Centurion Managed Care, as well as any other Centurion entity that provided
or managed the provision of inmate care for Centurion’s contracts in the State of New Mexico.
HRDC is seeking all records reflecting the identity of any licensed professional who was subject to a
lapse, suspension, or loss of their professional licensure, or any form of professional sanction, for the
period beginning July 1, 2016, and continuing through the present.
I request that the above-described public records be provided to me in electronic format if they exist
in electronic format, pursuant to NMSA § 14-2-9(B). In the event that such documents are only
available in hard copy format, I request an opportunity to inspect and copy the specific public
records I select from the records identified above.
If this request encompasses information or records that Centurion claims are exempt from
disclosure pursuant to any applicable statute or law, then please redact such information, as
required by NMSA 1978, §14-2-1(B), from the document or record rather than withhold the entire
document from disclosure. If you apply any redactions, please describe the redacted information
and provide a basis for your claim that the redacted information is not subject to disclosure.
If you claim that any of the requested records are not a public record, or if you claim a privilege not
to disclose any record, please describe the record(s) being withheld and state the basis for your
claim of privilege or confidentiality. Please produce all public records for which you do not claim an
exemption or privilege, as the above requests are segregable.
HRDC is a non-profit organization. These records are not for any profit-related or commercial
purpose. Should there be any fees incurred related to the production of the public records I am
requesting, I request a waiver of such fees.
Please respond to this records request within fifteen (15) days of receipt of same. Note that failure
to respond to this records request within fifteen (15) days will be considered a denial of my public
records request, and I will duly take appropriate action. If you need additional time in which to
produce the requested records, please advise in writing so I may consider your request for an
extension of time.
Please contact me if this request does not describe all of the above-requested documents with
sufficient specificity for you to make a reasonable response, and I will attempt to reformulate the
request in a manner that meets your requirements. If you are not the custodian of the records I am
requesting, please promptly forward this request to the custodian of the requested records and
notify me accordingly. Please contact me via email, foia@humanrightsdefensecenter.org, should you
require any additional information.

Thank you for your time and attention in this matter.

Tiffany Hollis
Paralegal/Records Manager
Human Rights Defense Center
P.O. Box 1151, Lake Worth, FL 33460
¦ Tel. 754-263-4568¦ Fax 561.828.8166
www.humanrightsdefensecenter.org

From:
To:
Subject:
Date:
Attachments:

Tiffany Hollis
Bentley, Michael; Jonathan Picard
RE: HRDC Request for Licensed Professional Sanctions Records
Tuesday, July 1, 2025 12:45:00 PM
NMCD-Licensed Professional Sanction Records-Response-Not Records Custodian 06-11-25.pdf

Mr. BentleyPlease see attached correspondence.
Thanks,
Tiffany

Tiffany Hollis
Paralegal/Records Manager
Human Rights Defense Center
P.O. Box 1151, Lake Worth, FL 33460
¦ Tel. 754-263-4568¦ Fax 561.828.8166
www.humanrightsdefensecenter.org
From: Bentley, Michael <mbentley@bradley.com>
Sent: Tuesday, July 1, 2025 12:40 PM
To: Jonathan Picard <jpicard@humanrightsdefensecenter.org>
Cc: Tiffany Hollis <thollis@humanrightsdefensecenter.org>
Subject: RE: HRDC Request for Licensed Professional Sanctions Records
Jon –
Thank you for your email. Will you please send me correspondence from the New Mexico
Corrections Department (NMCD) confirming that this request was made to NMCD and that NMCD
has identified Centurion as a custodian of the requested records. Thanks.
Michael
Michael J. Bentley
Partner | Bradley
mbentley@bradley.com
601.592.9935

From: Jonathan Picard <jpicard@humanrightsdefensecenter.org>
Sent: Friday, June 27, 2025 8:34 AM
To: Bentley, Michael <mbentley@bradley.com>
Cc: Tiffany Hollis <thollis@humanrightsdefensecenter.org>
Subject: FW: HRDC Request for Licensed Professional Sanctions Records
Michael –
EXHIBIT 7

In response to your letter dated June 6, 2025, which is attached, the corrections department has
indicated that the records we request are in Centurion's possession.
Is Centurion denying our request to inspect these records, and if so, are you the person responsible
for the denial? See NMSA 1978, Section 14-2-11(B). If you are just asking for clarification about the
scope of our request, we are not looking for actual treatment records, portions of records that are
attorney-client privileged, or ROIA-qualifying data acquired by a review organization as defined in
Section 41-9-1 et seq. Please confirm that you are formally denying our request, or let us know by
close of business tomorrow when Centurion expects to produce nonexempt responsive records.
Warm regards,
Jonathan P. Picard
Human Rights Defense Center
P.O. Box 1151
Lake Worth, FL 33460
Tel: (561) 360-2523
Fax: (561) 828-8166
Cell: (561) 252-9986

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