ALBUQUERQUE, N.M. – A 70-year-old woman, unlawfully arrested and detained at Torrance County Detention Facility (TCDF) for 72 hours after peacefully protesting outside a gun show at Moriarty Civic Center, sued the City of Moriarty and Torrance County Monday morning. She is represented by the American Civil Liberties Union (ACLU) of New Mexico.
"I chose to protest at the gun show because I wanted to bring my message about gun violence to people who don't usually hear it," said Jill Gatwood, the plaintiff in the lawsuit. "I stood peacefully with my sign, and several people stopped to have respectful conversations with me. I never imagined that exercising my constitutional right to free speech would land me in jail from Saturday through Tuesday."
On Feb. 22, 2025, Gatwood was standing alone on a public sidewalk outside the Moriarty Civic Center with a handmade sign advocating for restrictions on assault-style weapons. The gun show organizer complained to the police. Moriarty Police Department officers demanded she leave, claiming the gun show had rented the entire surrounding area.
When Gatwood refused to leave the public sidewalk, she was arrested for trespassing. She was held at TCDF, notorious for its inhumane and dangerous conditions, from Saturday through Tuesday.
During her detention, Gatwood was subjected to a strip search and denied her prescribed medication, causing withdrawal symptoms. On Tuesday, with no knowledge of when she might be released or see a judge, she broke down crying from the uncertainty. A detention officer then threatened to spray mace in her face if she didn't stop.
"The right to peaceful protest is foundational to our democracy, and what happened to Jill Gatwood should never happen to anyone," said Lalita Moskowitz, ACLU of New Mexico Litigation Manager. "She was exercising her most basic constitutional rights on public property. Law enforcement violated those rights and subjected her to days of unlawful detention and degrading treatment."
A Moriarty municipal court judge permanently dismissed the criminal trespass charge against Gatwood within days of her release, confirming that there was no legal justification for her arrest.
"I had no idea when I would get out," Gatwood said. "I felt completely powerless. I was stripped of all control, denied my medication, and arrested and jailed for peacefully expressing my views. No one should have to endure what I went through simply for peacefully protesting."
The lawsuit, filed in the Seventh Judicial District Court under the New Mexico Civil Rights Act, seeks compensatory damages for violations of Gatwood's rights under the New Mexico Constitution.
The legal complaint can be found below.
