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ACLU of New Mexico, [email protected]

ALBUQUERQUE, NM— Almost four years after losing their home in a deadly house fire resulting from a botched SWAT operation, an Albuquerque family received the second of two settlements. The American Civil Liberties Union (ACLU) of New Mexico and Atkins & Walker Law represented the family in a June 2024 lawsuit filed against the City of Albuquerque and Bernalillo County.

In 2022, the Albuquerque Police Department and Bernalillo County Sheriff’s Office conducted a raid at the family home of Sundra Coleman while attempting to execute a warrant on a person who did not live there. Police threw numerous tear-gas canisters into the home, causing a fire that destroyed the Coleman family home and led to the tragic death of 15-year-old Brett Rosenau.

"I just want to be happy. It’s a day-to-day process of just learning how to live again—learning how to relax. Even though it’s been a tragedy, I can still see light and joy,” said Sundra Coleman, plaintiff and owner of the burned home. “I feel like this [settlement] represents a new foundation and beginning. At this point, after everything we’ve been through, I believe it proves our resilience and shows that my family and I are worth fighting for.”

During the operation, officers held Coleman, her daughter and her baby grandson at gunpoint. Hours later, they watched as their family home burned down. Fifteen-year-old Brett Rosenau was found dead inside, along with the Coleman family dog. All of their possessions were destroyed. The family struggled with housing instability following the incident and were forced to live in their car for several months.

The Office of the Attorney General investigated the teen’s death and found Rosenau’s death was “avoidable” and APD and Bernalillo County Sheriff’s Office deputies had opportunities to use “non-lethal” interventions that would have prevented the fire and the death.

“This horrific tragedy is an example of what happens when law enforcement operates with impunity. No amount of money can bring back the young boy or replace the Colemans' family home, treasured heirlooms and cherished pet,” said ACLU of New Mexico Legal Director Maria Martinez Sanchez. “We hope that the Colemans can now peacefully move forward in this next chapter of their lives, and we urge APD and BCSO to work diligently to ensure another incident like this never happens again.”

Both settlement agreements can be found below.

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