LAS CRUCES, N.M. (CN) - The Kiowa Indian Tribe and The New Mexico Game Fowl Breeders Association say New Mexico is abusively and unconstitutionally enforcing cock-fighting law, raiding property, arresting people and seizing and killing animals without due process or probable cause.
The plaintiffs claims New Mexico Code Section 30-18-09, "which criminalized the fighting of roosters," is unconstitutional, allowing the state to "investigate, arrest and prosecute the plaintiffs for owning, breeding, and/or selling game fowl". And they say the state has enforced this law abusively, entering private property without warrant, probable cause or due process, interrogating without warrant and allowing citizens to act as officers of the law.
Plaintiffs want enforcement of the law enjoined, and $77 million in damages. They are represented in Federal Court by Roger Rodriguez.
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