NM Supreme Court rules in former Albuquerque student's discrimination case

Public schools and higher education institutions in New Mexico can now be sued under the state’s anti-discrimination law after a ruling by the New Mexico Supreme Court.

Thursday’s ruling from the five-member court creates broader protections for students and also opens the door to Albuquerque Public Schools being taken to court as it was in 2020 after a student alleged a teacher called her a “bloody Indian” on Halloween in 2018.

The court issued its opinion in favor of former Cibola High School student McKenzie Johnson, who sued her former teacher, Mary Jane Eastin, and APS in 2nd Judicial District Court in 2020.

Johnson had alleged Eastin made the racist remarks and cut a portion of the braided hair of another Native American student without her consent during a game in which she would give students candy or dog food depending on how they answered questions. Johnson’s case was initially dismissed before it was heard by the New Mexico Court of Appeals in arguments at Central New Mexico Community College as part of the court’s Rule of Law Program.

Johnson, a senior at the University of New Mexico, told the Journal she experienced a range of emotions on Thursday when her attorney Leon Howard gave her the news as she drove to class.

“My eyes were tearing up and I was just glad to hear it,” Johnson said. “I was able to help my people.”

Howard, with the American Civil Liberties Union of New Mexico, said the court’s ruling means Johnson’s case will be sent back to district court. The case could either go to trial or be settled between the parties, he said.

Albuquerque Public Schools spokesperson Martin Salazar said in a statement Thursday that while the incidents at Cibola were “unacceptable,” the school district is disappointed in the court’s ruling.

“We believe it improperly expands existing law, bypasses the Legislature and overturns the court’s own legal precedent,” Salazar said. “We fear it will have a negative and chilling impact on public school teachers across the state.”

However, APS accepts the ruling, he said.

Salazar declined to comment about potential future legal proceedings.

Johnson’s case alleged not only that “Eastin created a hostile learning environment and discriminated against Native American students,” but that APS “failed to properly train teachers on the harms of racism and to provide for its students’ safety,” according to the complaint. “Being called (‘Bloody Indian’) based on your race is ... gross,” Johnson said in an interview.

Her initial filing said the district was in violation of the 1969 New Mexico Human Rights Act.

On Thursday, the state Supreme Court ruling affirmed the appellate court and said that public schools are accountable under the HRA and can be sued for discriminatory conduct.

In making that determination, the court overturned and sent back to district court a 1981 case filed by the New Mexico Human Rights Commission against the University of New Mexico — a case in which the court at that time ruled a university was not covered under the HRA. The case centered around Patricia G. Tyler, a Black nursing student, who claimed the College of Nursing discriminated against her because of her race by giving her a failing grade in a clinical nursing course and then refusing to provide an opportunity for her to immediately retake the course, according to the court’s 1981 opinion.

On Thursday, UNM spokesperson Cinnamon Blair said, in part, that the university has “always strived to be at the forefront of anti-discrimination efforts” and its existing policies and procedures “already reflect many of the protections now formally recognized by this ruling, which provides an additional layer of accountability.” UNM’s policies continue to be reviewed, she said.

Howard, who noted the UNM case was part of the court’s decision, said in an interview Thursday he is “elated” for Johnson.

“She’s been so brave through this process, which is not easy for a young person,” Howard said, noting that the case in her name has set a precedent for preventing discrimination in public schools.