Lawsuit Filed in Clovis Library Shooting Case

Suit Filed In Clovis Library Shooting Case
Two survivors of the August 2017 shooting in the Clovis-Carver Library filed negligence
suits against the shooter's father, grandfather and the psychologist treating him before the incident.
The suit claims that Nathaniel Jouett obtained the guns and ammunition he used to kill two
library employees and wound four others from an unlocked safe in his father's home. The suit
claims that one of the weapons used was presented to Jouett' s family by his grandfather. And the
suit claims Jouett was being treated for mental illness in the weeks before the shooting but was
still allowed access to guns.
Jouett was charged with two counts of first-degree murder, seven counts of child abuse,
four counts of aggravated battery and twenty counts of assault with intent to commit a violent
felony in the shooting. He later plead guilty to 30 felony charges and received two life sentences
with 40 years and the possibility of parole.
A police investigation into the shooting revealed Jouett obtained the weapons and
ammunition he used from his father's unlocked gun safe. The investigation showed Jouett's father
knew his son had a long history of mental problems including violent outbursts and threats of
suicide in the months immediately before the library shooting. The police file showed Jouett had
been taken to see a psychologist for treatment before the shooting. At those sessions, Jouett
reported he had been hearing voices that urged him to commit violent acts, that he was severely
depressed and considered suicide. Jouett reportedly carried a bullet and a suicide note in his pocket.
Police discovered that Jouett had been suspended from his school just days before the shooting
after he attacked another student. Jouett told police after he was arrested that he had been planning
an attack for days before the shooting and had originally intended to target his school.
The suit seeks to hold Jouett's father and grandfather accountable for providing him with
access to the guns and ammunition used in the library attack. It also seeks to hold his psychologist
accountable for failing to take adequate steps to protect the public from the threat Jouett posed.
The parties to the suit include Noah Molina and his sister Alexis. Noah was 10 years old at
the time of the shooting and had gone with his sister to the library to check out a reading program.
Noah was shot once by Jouett and was shielded from further harm when his sister threw her body
across him. Jouett shot Alexis four times as she protected her brother. Both Noah and Alexis
required extensive medical treatment for their wounds.
The suits seek damages for both Noah and Alexis along with compensation for the
extensive medical treatment they required for their injuries.
"Mass shootings have unfortunately become too common in this country," said Michael
Sawicki, the lead attorney representing the Molinas. "Gun owners and mental health professionals
need to take reasonable steps to keep people with mental illness away from weapons. If they don't,
these types of tragedies will not stop."
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The Sawicki Law Firm has represented victims of negligence in cases across the country
for more than 25 years. For more information go to www.sawickilawfom.com.
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FILED
9th JUDICIAL DISTRICT COURT
Curry County
8/7/2019 3:53 PM
CLERK OF THE COURT
SHELLY BURGER
NINTH JUDICIAL DISTRICT COURT

COUNTY OF CURRY, STATE OF NEW MEXICO
ALEXIS MOLINA AND DENISE MADRID, §

INDIVIDUALY, AND AS NEXT FRIEND §
OF N.M., A MINOR, §
§
Plaintiff, §
§
V. § NO.D-905-CV-2019-00557
§
CHRISTOPHER JOUETT; § JUDGE: DAVID P. REEB
WILLIAM JOUETI; ERIC M. §
BANAGAY, P.C. DIBIA CLOVIS §
COUNSELING CENTER; CONSULTING §
PSYCHOLOGICAL SERVICES, P.A. D/B/A §
AND CLOVIS COUNSELING CENTER; §
§
Defendants. §
PLAINTIFFS' ORIGINAL COMPLAINT

FOR PERSONAL INJURY AND PUNITIVE DAMAGES
COME NOW, Plaintiffs, Alexis Molina and Denise Madrid, Individually and as Next
Friend of N.M. (hereinafter "Plaintiffs"), by and through their attorneys of record, to file this
Complaint for Personal Injury and Punitive Damages against Defendant Christopher Jouett, and
allege as follows:
I.
PARTIES
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1.
2.
Plaintiff Alexis Molina is an individual and citizen of the State of New Mexico.
Plaintiff Denise Madrid, individually and as next friend ofN.M., is an individual I

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and citizen of the State of New Mexico, and she resides in Guadalupe County, New Mexico. f
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Plaintiff Denise Madrid is Plaintiff N.M. 'smother and has capacity to sue as next friend based on
this special relationship. Minor PlaintiffN.M. is a citizen of the State of New Mexico and resides
in Guadalupe County, New Mexico,

FOR PERSONAL INJURY AND PUNITIVE DAMAGES PAGE 1 OF28
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3. Defendant Christopher Jouett (hereinafter "Jouett") is an individual residing in
Curry County, New Mexico and is a citizen of the State of New Mexico. He may be served at 501 I
N. Oak St., Clovis, New Mexico 88101, or wherever he may be found.
4. Defendant William Jouett is an individual residing in Curry County, New Mexico
and is a citizen of the State of New Mexico. He may be served at 120 Waneta Circle, Clovis, New
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Mexico 88101, orwhereverhemaybe found.
5. Defendant Eric M. Banagay, P.C. d/6/a Clovis Counseling Center is an individual
residing in Clmy County, New Mexico and is a citizen of the State of New Mexico. He may be
served at 309 LaSalle Dr., New Mexico 88101, or wherever he may be found.
6. Defendant Consulting Psychological Services, P.A. d/b/a Clovis Counseling Center
is a New Mexico professional association. Defendant Consulting Psychological Services, P.A.
d/b/a Clovis Counseling Center may be served by serving its registered agent Mark McGaughey
at 921 East 21st, Clovis, New Mexico 88101, or wherever he maybe found.
II.
VENUE
7. Pursuant to NMSA § 38-3-1, venue is proper in Cuny County because Defendant

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Christopher Jouettresides in Curry County and the events giving rise to the present action occurred iI
in Curry County. I
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III. I
JURISDICTION I
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8. Jutisdiction is proper because the amount in controversy exceeds the minimum I!
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jurisdictional limits of this Court, and the parties are citizens of New Mexico.
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FOR PERSONAL INJURY AND PUNITIVE DAMAGES PAGE2OF28
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IV.
FACTS
9. More than 20 years ago, two teenagers entered a Colorado high school and shot and
killed 13 people. The incident was shocking at the time. It spmred nationwide calls for gun control.
It forced parents, teachers, and mental health professionals to examine the warning signs and steps
that could have been taken to prevent the killings. And, it made the threat of gun violence
committed by troubled teenaged boys a part of the common vocabulary in the United States.
10. In the years since, gun control measures have been blocked by various political
forces. Guns remain available throughout the country and gun ownership rates have even
increased. But the debate has made the threat posed by the negligent use of fireanns clearer. With
no legislation, the burden to protect from gun violence falls on the people who know the killers
best and the professionals who interact with them. Unfo1tunately, time and time again, this does
not happen and the mass killings continue in this country.
11. On August 28, 2017, a 10-year old N. Mand his sister Alexis decided to go to their
neighborhood public library to check out a book. They found the Clovis-Carter Public Libra1y
somewhat busy that day, with a number of other children and adults reading and library employees
working. N.M. was about to check out a book when the calm of the library was shattered by the
sound of gunfire. He saw his sister struck by three shots, one striking her just above the heart, and
then a sudden pang of pain when a bullet hit him too. N.M. 's sister tried to shield him from the
fire and told him to lie still so the shooter would think they were dead. He listened in terror as the
killer taunted "Run, why aren't you running? I'm shooting at you. Run!" He heard additional shots
being fired, the sounds of people suffering from their wounds and the screams of other victims.

FOR PERSONAL INJURY AND PUNITIVE DAMAGES PAGE3 OF28
12. The next few hours were a blur for N.M. He and the other victims were taken to the
hospital and treated for their gunshot wounds. In the following days, he and his family prayed for
his sister as she unde1went surgeries to treat the wounds she suffered. While N.M. and his family
waited, the community began to learn more about the shooter and began to ask why Clovis would
now be one of those towns associated with a mass shooting.
13. Nathanial Jouett, the killer, left a clear path of clues to his life before and the path
he took to the library. His parents, family, teachers and counselors all knew about his problems.
And yet, they failed to act.
14. Jouett's parents divorced when he was young and his mother took custody of him.
He was removed from her care after child protective service authorities learned she abused Jouett
and a sibling. He returned to live with his father, where the early signs of the abuse were readily
apparent. Jouett repmted he was abused by a school employee while he lived with his father. At a
young age, he began acting out violently, getting into fights at school. He started doing drugs in
middle school and continued to suffer from bad grades, discipline problems and violent outbursts.
As part of his clqsing statements in the criminal proceedings, Chief Deputy District Attorney Brian
Stover noted that Jouett had a pattern of acting violent when he did not get his way.
15. Jouett' s father knew about this pattern first hand. He knew about his son's repeated
problems at school and about the abuse he had suffered at the hands of his mother. His father knew
Jouett was emotionally and mentally disturbed, had chronic problems with drug abuse and had
threatened suicide. His father knew Jouett had problems with school including bad grades and
violent episodes that resulted in suspensions. He sought psychological counseling where he learned
Jouett suffered depression, had audito1y hallucinations and expressed the desire to harm himself

FOR PERSONAL INJURY AND PUNITIVE DAMAGES PAGE40F28
and others. His father also lrnew that Jouett had been suspended from his school just days before
the shootings, after he had been in yet another fight with students there.
16. Despite this lmowledge, Jouett's father failed to take steps to secure the many guns
he had in bis house. His father possessed numerous 1ifles, shotguns, pistols, knives, pepper spray
and taser. He also had several boxes of ammunition for each of the weapons.

17. Police investigating the shootings went to Jouett's home and found the weapons
were kept in a safe, Jouett' s father said everyone in the house knew where the guns and ammunition
were stored and all had ready access to the safe. He said the safe key was kept behind the safe and
everyone knew how to open it.
18. Jouett's grandfather reported he had given his son one of the pistols used in the
attacks. He told police that he knew Jouett had been troubled and expressing threats of self-harm
before he gave away the gun.
19. Jouett's father failed to take actions to restrict his son's access to guns even after
he learned about his suicidal threats and threats to harm others. He took his son to counseling with
Eric Banagay at the Clovis Counseling Center to get him treatment for his psychological problems.
Mr. Banagay treated Jouett for several months and noted his past abuse was a significant factor in I
causing the depression, chronic drug abuse, suicidal thoughts and auditory hallucinations that had
troubled him for years. But, Mr. Banagay ended his care of Jouett before taking adequate steps to
address the numerous psychological problems that led to the shooting.

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20. On the F1iday before the shooting, Jouett had been suspended again from school
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after starting a fight with other students. His father knew that the suspension had occurred and that J
his son had been caught in another act of violence. Despite this, Mr. Jouett failed to take any
effective steps to secure the numerous weapons inside his home. Police records show that Mr.
Jouett realized the danger of his actions on the day of the shooting. Records show Mr. Jouett called
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police to report that his son bad taken the guns and had been threatening harm just moments after
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the library shootings started.
PLAINTIFFS' ORIGJNAL COMPLAINT

FOR PERSONAL JNJURY AND PUNITIVE DAMAGES PAGE60F28
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21. Alexis Molina underwent emergency treatment for gunshot wounds in both legs
and a wound to the chest. She has physical scars all over her body and fragments of Jouett's bullets
are still lodged inside her. She has required additional medical treatment for the wounds during
the months after the shooting and still suffers health problems from her wounds.
22. N.M is now almost 12 years old and, while his physical wounds have healed, he
continues to suffer nightmares and emotional problems as a result of his ordeal. The image of his
bleeding sister, shielding him with her body while whispering that he should pretend to be dead,
still haunts him. He is often troubled by panic and fear of being among strangers.
23. Both N.M. and Alexis suffer from post-traumatic stress disorder and suffer, on
some level, almost every day. The carnage they witness and the wounds they bear will be with
them the rest of their lives.
v.
CLAIMS FOR RELIEF AGAINST CHRISTOPHER JOUETT
COUNT 1: NEGLIGENCE, ORDINARY & GROSS, AGAINST CHRISTOPHER JOUETT
24. All previous paragraphs are incorporated by reference.
25. Defendant Clnistopher Jouett, as the owner of fireanns, had a duty to act as a
reasonable firearm owner and secure, control, and prevent the use of his firearms by those unfit to
use them in order to prevent foreseeable hann to others, including Plaintiffs Alexis and N.M.
26. Defendant Christopher Jouett failed to act as a reasonable firearm owner in at least
the following ways:
• Failing to secure his firearms in a secure location, e.g. a gun safe;
• Failing to separate :firearms and ammunition;
• Allowing access to his fireanns to those unfit to use them;

• Placing the key to his gun safe immediately behind the safe, thereby allowing any and all
to access the safe and the arsenal inside;
• Failing to control access to his firearms;
• Failing to maintain control of his firearms; and
• Failing to prevent access to his firearms by those unfit to use them.
27. Defendant Christopher Jouett knew or should have known that such conduct posed
an unreasonable risk of hann to others, including Plaintiffs.
28. As a result, Defendant Christopher Jouett breached the duty he owed to Plaintiff.
Defendant's actions and inactions, singularly and in combination with others, constitute negligence
and were a direct and proximate cause of Plaintiffs' injuries and damages as set out above and
below.
COUNT 2: NEGLIGENT ENTRUSTMENT AGAINST CHRISTOPHER JOUETT
30. Defendant Christopher Jouett entrusted his firearms to his son, Nathanial Jouett, on
August 28, 2017. At all relevant times, Defendant Christopher Jouett owed a duty to Plaintiffs, as
well as others, to exercise reasonable care in securing, controlling, and preventing the use of his
firearms by those unfit to use them in order to prevent foreseeable harm to others, including
Plaintiffs Alexis and N.M.
31. At the time Defendant Christopher Jouett entrusted Nathanial Jouett with his
firearms, Defendant Clu-.istopher Jouett knew or should have known that Nathanial Jouett:
• Was under the age of eighteen;
• Suffered a childhood of abuse and neglect;
• Was experiencing bullying at school;

FOR PERSONAL INJURY AND PUNITIVE DAMAGES PAGES OF28
• Had been kicked out of school for fighting;
• Experienced panic attacks;
• Suffered a methamphetamine addiction;
• Wrote and carried suicide notes;
• Had access to Defendant's firearms through his home and gun safe;
• Had previously used Defendant's firearms;
• Used Defendant's firearms in a simulated suicide attempt;
• Ran away from home; and
• Experienced other emotional disturbances witnessed by :fi.iends and family.
32. Therefore, Defendant Christopher Jouett lmew or should have known that
Nathanial Jouett was unfit to possess, have access to, or use Defendant's :firearms and was likely
to use these weapons in a manner as to create an unreasonable risk of hatm to others. Plaintiff
alleges that Defendant Christopher Jouett gave Nathanial Jouett express and/or implied pennission
to use Defendant's fireanns.
33. Defendant Christopher Jouett failed to exercise reasonable care under the
circumstances, and the harm to Plaintiffs was foreseeable. As a direct and proximate result of
Defendant Christopher Jouett's breach of duty owed to Plaintiffs, Nathan Jouett caused the deaths
of two and the injuries and damages that Plaintiffs allege herein.
34. Defendant's actions and inactions, singularly and in combination with others,
constitute negligent entrustment and were a direct and proximate cause of Plaintiffs' injuries and
damages as set out above and below. t

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COUNT 3: NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS AGAINST
CHRISTOPHER JOUETT
36. Plaintiffs Alexis Molina and N.M. are siblings possessing an intimate family
relationship. Plaintiffs Alexis and N.M. were both present at the time of Nathanial Jouett's
shooting-rampage in which they were injmed. PlaintiffN.M. suffered severe stress, fear, shock,
and anguish at seeing his sister shot three times as well as in perceiving the sudden, traumatic, and
injury producing events of the shooting. Plaintiff Alexis suffered severe stress, fear, shock, and
anguish at seeing her brother injured as well as in perceiving the sudden, traumatic, and injury
producing events of the shooting. The shooting caused physical hmm to both Plaintiffs.
37. Plaintiffs' severe stress, fear, shock, and anguish were caused by the negligent
conduct of Defendant Christopher Jouett, more thoroughly set out above, and contemporaneous
perception of seeing the other shot and injured during the shooting-massacre at the Clovis-Carver
Public Library.
constitute negligent infliction of emotional distress and were a direct and proximate cause of
Plaintiffs' injuries and damages as set out above and below.
VI.
DAMAGES
COUNT 1: DAMAGES AGAINST DEFENDANT CHRISTOPHER JOUETT FOR ALEXIS
40. As a direct and proximate result of the negligence, negligent entrustment, and
negligence infliction of emotional distress by Defendant Christopher Jouett, Plaintiff Alexis
suffered significant, permanent, and life-altering injuries and damages.

FOR PERSONAL INJURY AND PUNITIVE DAMAGES PAGEl0 OF28
41. As such, Plaintiff Alexis seeks damages including the following:
a. Medical care expenses;
b. Medical care expenses to be sustained in the future;
c. Conscious physical pain and suffering;
d. Conscious physical pain and suffering to be sustained in the future;
e. Emotional pain and suffering;
f. Emotional pain and suffering to be sustained in the future;
g. Mental anguish;
h. Mental anguish to be sustained in the future;
i. Physical impai11nent;
j. Physical impailment to be sustained in the future;
k. Scarring and disfigurement;
I. Loss of enjoyment of life;
m. Loss of earning capacity;
n. Exemplary damages as deemed appropriate;
o. Punitive damages as allowed under New Mexico law; and
p. Costs of Court.
42. The precise amount of Plaintiff Alexis' damages is unknown at this time, but that
said, damages are within the jurisdictional limits of this Comt, and upon trial Plaintiff should be
awarded fair and reasonable damages as determined by the jury.
COUNT 2: DAMAGES AGAINST DEFENDANT CHRISTOPHER JOUETT FOR DENISE

MADRID, AS NEXT FRIEND OF, N.M.

FOR PERSONAL INJURY AND PUNITIVE DAMAGES PAGE 110F28
44. As a direct and proximate result of the negligence, negligent entrnstment, and
negligence infliction of emotional distress by Defendant Christopher Jouett, Plaintiff N.M.
suffered significant, permanent, and life-altering injuries and damages.
45. As such, PlaintiffN.M. seeks damages including the following:
a. Conscious physical pain and suffering;
b. Conscious physical pain and suffering to be sustained in the future;
c. Emotional pain and suffering;
d. Emotional pain and suffering to be sustained in the future;
e. Mental anguish;
f. Mental anguish to be sustained in the future;
g. Physical impairment;
h. Physical impairment to be sustained in the future;
1. Scarring and disfigurement;
J. Loss of enjoyment oflife;
le. Exemplary damages as deemed appropriate;
1. Punitive damages as allowed under New Mexico law; and
m. Costs of Court.
46. The precise amount of PlaintiffN.M.'s damages is unknown at this time, but that
said, damages are within the jurisdictional limits of this Court, and upon trial Plaintiff should be
COUNT 3: DAMAGES AGAINST DEFENDANT CHRISTOPHER JOUETT FOR DENISE

MADRID, INDIVIDUALLY.

48. As a direct and proximate result of the negligence, negligent entrustment, and
negligence infliction of emotional distress by Defendant Christopher Jouett, Plaintiff Denise
Madrid, individually, suffered damages.
49. As such, Plaintiff Denise Madrid, individually, seeks damages including the
following:
b. Medical care expenses to be sustained in the future; and
c. Costs of Court.
50. The precise amount of Plaintiff Denise Ma,drid's damages is unknown at this time,
but that said, damages are within the jurisdictional limits of this Court, and upon trial Plaintiff I
should be awarded fair and reasonable damages as determined by the jury.

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COUNT 4: PUNITIVE DAMAGES AGAINST DEFENDANT CHRISTOPHER JOUETT I
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52. In addition to the negligence, negligent entrustment, and negligent infliction of
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emotion distress described above, Defendant Christopher J ouett acted intentionally, willfully,
recklessly, and/or with wanton disregard for the safety of other.

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53: Among others, these intentional, malicious, willful, reckless, and/or wanton acts and
omissions of Defendant, singularly or in combination, were a cause of Plaintiffs' injuries and
damages. Accordingly, Defendant is liable for punitive damages.
VII.
CLAIMS FOR RELIEF AGAINST WILLIAM JOUETT
COUNT 1: NEGLIGENCE, ORDINARY & GROSS, AGAINST WILLIAM JOUETT

55. Defendant William Jouett, as the owner of a firearm, had a duty to act as a
reasonable firearm owner and secure, control, and prevent the use of his firearms by those unfit to
use them in order to prevent foreseeable harm to others, including Plaintiffs Alexis and N.M.
56. Defendant William Jouett failed to act as a reasonable firearm owner in at least the
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following ways:
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• Failing to secure his firearms in a secure location, e.g. a gun safe;
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Failing to separate fiream1s and ammunition;
Providing access to a firearm and ammunition to a person he knew or reasonably should

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have known posed a threat to himself or others. He allowed his grandson access to one of
the pistols used in the library shooting after having actual knowledge that his grandson
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suffered from suicidal thoughts, depression, drug abuse and had a history of violent acts.
57. Defendant William Jouett knew or should have known that such conduct posed an
unreasonable risk of harm to others, including Plaintiffs.
58. As a result, Defendant William Jouett breached the duty he owed to Plaintiff.
Defendant's actions and inactions, singularly and in combination with others, constitute negligence
and were a direct and proximate cause of Plaintiffs' injuries and damages as set out above and
below.
COUNT 2: NEGLIGENT ENTRUSTMENT AGAINST WILLIAM JOUETT
60. Defendant William Jouett entrusted his :firearms to his son, Christopher Jouett. At
all relevant times, Defendant William Jouett owed a duty to Plaintiffs, as well as others, to exercise
reasonable care in securing, controlling, and preventing the use of his firearm by those unfit to use
them in order to prevent foreseeable harm to others, including Plaintiffs Alexis and N.M.
PLAlNTIFFS' ORIGINAL COMPLAlNT

61. At the time Defendant William Jouett entrnsted Christopher Jouett with his
fireanns, Defendant William Jouett knew or should have known that Nathanial Jouett:
• Was under the age of eighteen;

• Suffered a childhood of abuse and neglect;
• Was experiencing bullying at school;
• Had been kicked out of school for fighting;
• Experienced panic attacks;
• Suffered a methamphetamine addiction;
• Wrote and carried suicide notes;
• Had access to Defendant's firearms through his home and gun safe;
• Had previously used Defendant's firearms;
• Used Defendant's firearms in a simulated suicide attempt;
• Ran away from home; and
• Experienced other emotional disturbances witnessed by friends and family.
62. Therefore, Defendant William Jouett knew or should have known that Nathanial
Jouett was unfit to possess, have access to, or use Defendant's :firearms and was likely to use these
weapons in a manner as to create an unreasonable risk of hann to others. Plaintiff alleges that
Defendant William Jouett gave Christopher Jouett express and/or implied permission to use
Defendant's firearms.
63. Defendant William Jouett failed to exercise reasonable care under the
circumstances, and the harm to Plaintiffs was foreseeable. As a direct and proximate result of
Defendant William Jouett's breach of duty owed to Plaintiffs, Nathan Jouett caused the deaths of
two and the injuries and damages that Plaintiffs allege herein.
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J?OR PERSONAL INJURY AND PUNITIVE DAMAGES PAGE150F28 I
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constitute negligent entrnstment and were a direct and proximate cause of Plaintiffs' injuries and
damages as set out above and below.
VIII.
DAMAGES
COUNT 1: DAMAGES AGAINST DEFENDANT WILLIAM JOUETT FOR ALEXIS
65. All previous paragraphs are inco1porated by reference.
66. As a direct and proximate result of the negligence and negligent entrustment by
Defendant William Jouett, Plaintiff Alexis suffered significant, permanent, and life-altering
injmies and damages.
£ Emotional pain and suffering to be sustained in the future;
g. Mental anguish;
i. Physical impairment;
j. Physical impairment to be sustained in the future;
1. Loss of enjoyment of life;

p. Costs of Court.
said, damages are within the jurisdictional limits of this Comt, and upon trial Plaintiff should be
COUNT 2: DAMAGES AGAINST DEFENDANT WILLIAM JOUETT FOR DENISE

MADRID, AS NEXT FRIEND OF, N.M.
Defendant William Jouett, PlaintiffN.M. suffered significant, permanent, and life-altering injuries
and damages.
71. As such, PlaintiffN.M. seeks damages including the following:

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e. Mental anguish;
f. Mental anguish to be sustained in the future; Ii

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g. Physical impaitment;
h. Physical impairment to be sustained in the future; I

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i. Scarring and disfigurement;
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j. Loss of enjoyment oflife; I
k. Exemplary damages as deemed appropriate;
m. Costs of Court.
72. The precise amount of Plaintiff N.M.'s damages is unknown at this time, but that
COUNT 3: DAMAGES AGAINST DEFENDANT WILLIAM JOUETT FOR DENISE

MADRID, INDIVIDUALLY.
Defendant William Jouett, Plaintiff Denise Madrid, individually, suffered damages.
following:
c. Costs of Court.
76. The precise amount of Plaintiff Denise Madrid's damages is unknown at this time,
but that said, damages are within the jurisdictional limits of this Court, and upon trial Plaintiff
COUNT 4: PUNITIVE DAMAGES AGAINS1'DEFENDANT WILLIAM JOUETT
78. In addition to the negligence and negligent entrustment described above, Defendant
William Jouett acted intentionally, willfully, recklessly, and/or with wanton disregard for the
safety of other.

79. Am0ng others, these intentional, malicious, willful, reckless, and/or wanton acts and
IX.
CLAIMS FOR RELillF AGAINST ERIC M. BANAGAY, P.C.

D/B/A CLOVIS COUNSELING CENTER
COUNT 1: NEGLIGENCE, OJWINARY & GROSS, AGAINST ERIC M. BANAGAY, P.C.

DIBIA CLOVIS COUNSELING CENTER
81. Defendant Eric M. Banagay, P.C. d/b/a Clovis Counseling Center failed to take
reasonable and adequate steps to protect the public and Plaintiffs from Nathaniel Jouett when they
knew or reasonably should have known that he posed a substantial threat. Defendant knew
Nathaniel Jouett had been suicidal, violent towards others, had access to weapons and drugs, and
had reported hearing auditory hallucinations in the days and weeks before the shootings.
Defendant failed to act on this information and take adequate steps to control Nathaniel Jouett's
psychological problems and failed to protect the Plaintiff and the general public from the threat he
posed.
82. Defendant's negligence was a proximate cause of Plaintiffs' damages.
x.
DAMAGES
COUNT 1: DAMAGES AGAINST DEFENDANT ERIC M. BANAGAY, P.C. DIBIA CLOVIS

COUNSELING CENTER FOR ALEXIS
PLAINTIFFS' ORIGINAL COlVIPLAINT

84. As a direct and proximate result of the negligence by Defendant Eric M. Banagay,
P.C. d/b/a Clovis Counseling Center, Plaintiff Alexis suffered significant, permanent, and life-
altering injuries and damages.
85. As such, Plaintiff Alexis seeks damages :including the following:
f. Emotional pain and suffering to be sustained in the future;
g. Mental anguish;
i. Physical impairment;
j. Physical impaitment to be sustained :in the future;
1. Loss of enjoyment of life;
n. Exemplaty damages as.deemed appropriate;
p. Costs of Court.
awarded fair and reasonable damages as detennined by the jury.

COUNT 2: DAMAGES AGAINST DEFENDANT ERIC M. BANAGAY, P.C. DIBIA CLOVIS
COUNSELING CENTER FOR DENISE MADRID, AS NEXT FRIEND OF, N.M.
88. As a direct and proximate result of the negligence .by Defendant Eric M. Banagay,
P.C. d/b/a Clovis Counseling Center, Plaintiff N.M. suffered significant, pennanent, and life-
altering injuries and damages.
89. As such, Plaintiff N.M. seeks damages including the following:
e. Mental anguish;
t: Mental anguish to be sustained in the future;
g. Physical impairment;
h. Physical impairment to be sustained in the future;
1. Scarring and disfigurement;
j. Loss of enjoyment oflife;
m. Costs of Court.

COUNT 3: DAMAGES AGAINST DEFENDANT ERIC M. BANAGAY, P.C. D/B/A CLOVIS
COUNSELING CENTER FOR DENISE MADRID, INDIVIDUALLY.
92. As a direct and proximate result of the negligence by Defendant Eric M. Banagay,
P.C. d/b/a Clovis Counseling Center, Plaintiff Denise Madrid, individually, suffered damages.
following:
c. Costs of Comi.
COUNT 4: PUNITIVE DAMAGES AGAINST DEFENDANT ERIC M. BANAGAY, P.C.

D/BIA CLOVIS COUNSELING CENTER
96. In addition to the negligence described above, DefendantEricM. Banagay, P.C. d/b/a
Clovis Counseling Center acted intentionally, willfully, recklessly, and/or with wanton disregard
for the safety of other.
97. Among others, these intentional, malicious, willful, reckless, and/or wanton acts and

XI.
CLAIMS FOR RELIEF AGAINST CONSULTING PSYCHOLOGICAL

SERVICES, P.A. D/B/A CLOVIS COUNSELING CENTER
COUNT 1: NEGLIGENCE, ORDINARY & GROSS, AGAINST CONSULTING

PSYCHOLOGICAL SERVICES, P.A. DIBIA CLOVIS COUNSELING CENTER
99. Defendants' failed to take reasonable and adequate steps to protect the public and
Plaintiff from Nathaniel Jouett when they knew or reasonably should have known that he posed a
substantial threat. Defendants lmew Nathaniel Jouett had been suicidal, violent towards others,
had access to weapons and drugs, and had reported hearing auditory hallucinations in the days and
weeks before the shootings. Defendants failed to act on this information and take adequate steps
to control Nathaniel Jouett's psychological problems and failed to protect the Plaintiff and the
general public from the threat he posed.

Ii
100. Defendants' negligence was a proximate cause of Plaintiffs' damages.
I
XII.
DAMAGES I
COUNT J: DAMAGES AGAINST DEFENDANT CONSULTING PSYCHOLOGICAL
SERVICES, P.A. DIBIA CLOVIS COUNSELING CENTER FOR ALEXIS
I
I
Il
102. As a direct and proximate result of the negligence by Defendant Consulting
Psychological Services, P.A. d/6/a Clovis Counseling Center, Plaintiff Alexis suffered significant, l
permanent, and life-altering injuries and damages.

I
a.
b.
Medical care expenses;
Medical care expenses to be sustained in the future;

II
II
i
'
f Emotional pain and suffering to be sustained in the future;
g. Mental anguish;
1. Physical impahment;
j. Physical impairment to be sustained in the future;
I. Loss of enjoyment oflife;
p. Costs of Court.
104. The precise amount of Plaintiff Alexis' damages is unlmown at this time, but that
awarded fair and reasonable damages as determined by the juiy.
COUNT 2: DAMAGES AGAINST DEFENDANT CONSULTING PSYCHOLOGICAL

SERVICES, P.A; DIBIA CLOVIS COUNSELING CENTER FOR DENISE MADRID, AS
NEXT FRJEND OF, N.M.
Psychological Services, P.A. d/b/a Clovis Counseling Center, PlaintiffN.M. suffered significant,
permanent, and life-altering injuries and damages.

107. As such, Plaintiff N .M. seeks damages including the following:
e. Mental anguish;
£ Mental anguish to be sustained in the future;
·g. Physical impairment;
h. Physical impahment to be sustained in the future;
i.
j.
Scarring and disfigurement;
Loss of enjoyment of life; I

I. Punitive damages as allowed under New Mexico law; and
m. Costs of Court.
COUNT 3: DAMAGES AGAINST DEFENDANT CONSULTING PSYCHOLOGICAL

SERVICES, P.A. DIBIA CLOVIS COUNSELING CENTER FOR DENISE MADRID,
INDIVIDUALLY.
Psychological Services, P.A. d/b/a Clovis Counseling Center, Plaintiff Denise Madtid,
individually, suffered damages.

I
I
PLAJNTIFFS' ORIGINAL COMPLAJNT
I
following:
c. Costs of Court.
COUNT 4: PUNITIVE DAMAGES AGAINST DEFENDANT CONSULTING

PSYCHOLOGICAL SERVICES, P.A. DIBIA CLOVIS COUNSELING CENTER
114. In addition to the negligence described above, Defendant Consulting Psychological
Services, P.A. d/b/a Clovis Counseling Center acted intentionally, willfully, recklessly, and/or
with wanton disregard for the safety of other.

II
115. Among others, these intentional, malicious, willful, reckless, and/or wanton acts and
omissions of Defendant, singularly or in combination, were a cause of Plaintiffs' injuries and I

I
XIII.
PRE-JUDGMENT AND POST-JUDGMENT INTEREST
116. Plaintiffs plead for an award of pre-judgment and post-judgment interest upon entry
of a final judgment for Plaintiffs being entered in this cause.
I
I
XIV.
. I
U.S. LIFE TABLES
117. Plaintiffs hereby notify Defendant of their intent to use, in the T1ial by Jury of this
matter, the U.S. Life Tables as published and promulgated by the United States Department of
Health and Human Services.
xv.
JURY DEMAND
118. Plaintiffs request that a jury be convened to try the factual issues in this cause.
Plaintiffs have paid the jury fee.
XVI.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that the Defendant,
Christopher Jouett, be cited to appear and answer herein, that upon final hearing of this cause,
Plaintiffs have judgment entered against the Defendant for their damages, punitive damages, pre-
and post-judgment interest, and costs and for such other and further relief, general and special, at
law and in equity, to which Plaintiffs may be entitled.

Texas State Bar No. 17692500
msawicki@sawickilawfirm.com
ANDREW A. JONES
Texas State Bar No. 24077910
ajones@sawickilawfirm.com
6116 N. Central Expressway, Ste. 1400
Dallas, Texas 75206
(214) 468-8844
(214) 468-8845 (Fax)
ATTORNEYS FOR PLAINTIFFS
THE HERRMANN LAW FIRM, L.L.C.
B1
New Mexico Sta e Bai o. 132555
benjamin@thehemnannlawfirm.com
621 N. Main St., Ste. B
Clovis, New Mexico 88101
(575) 935-0621
(575) 936-0622 (Fax)


Lawsuit Filed in Clovis Library Shooting Case

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Suit Filed In Clovis Library Shooting Case

NINTH JUDICIAL DISTRICT COURT

ALEXIS MOLINA AND DENISE MADRID, §

PLAINTIFFS' ORIGINAL COMPLAINT

Plaintiff Denise Madrid, individually and as next friend ofN.M., is an individual I

in Guadalupe County, New Mexico,

PLAINTIFFS' ORIGINAL COMPLAINT

4. Defendant William Jouett is an individual residing in Curry County, New Mexico

5. Defendant Eric M. Banagay, P.C. d/6/a Clovis Counseling Center is an individual

6. Defendant Consulting Psychological Services, P.A. d/b/a Clovis Counseling Center

is a New Mexico professional association. Defendant Consulting Psychological Services, P.A.

7. Pursuant to NMSA § 38-3-1, venue is proper in Cuny County because Defendant

not happen and the mass killings continue in this country.

PLAINTIFFS' ORIGINAL COMPLAINT

now be one of those towns associated with a mass shooting.

And yet, they failed to act.

PLAINTIFFS' ORIGINAL COMPLAINT

PLAINTIFFS' ORIGINAL COMPLAINT

everyone knew how to open it.

before he gave away the gun.

address the numerous psychological problems that led to the shooting.

PLAINTIFFS' ORIGJNAL COMPLAINT

them the rest of their lives.

COUNT 1: NEGLIGENCE, ORDINARY & GROSS, AGAINST CHRISTOPHER JOUETT

24. All previous paragraphs are incorporated by reference.

the following ways:

• Failing to secure his firearms in a secure location, e.g. a gun safe;

• Failing to separate :firearms and ammunition;

• Allowing access to his fireanns to those unfit to use them;

PLAINTIFFS' ORIGINAL COMPLAINT

to access the safe and the arsenal inside;

• Failing to control access to his firearms;

• Failing to maintain control of his firearms; and

• Failing to prevent access to his firearms by those unfit to use them.

an unreasonable risk of hann to others, including Plaintiffs.

COUNT 2: NEGLIGENT ENTRUSTMENT AGAINST CHRISTOPHER JOUETT

29. All previous paragraphs are incorporated by reference.

Plaintiffs Alexis and N.M.

• Was under the age of eighteen;

• Suffered a childhood of abuse and neglect;

• Was experiencing bullying at school;

PLAINTIFFS' ORIGINAL COMPLAINT

to use Defendant's fireanns.

damages as set out above and below. t

35. All previous paragraphs are incorporated by reference.

Plaintiffs' injuries and damages as set out above and below.

COUNT 1: DAMAGES AGAINST DEFENDANT CHRISTOPHER JOUETT FOR ALEXIS

39. All previous paragraphs are incorporated by reference.

negligence infliction of emotional distress by Defendant Christopher Jouett, Plaintiff Alexis

suffered significant, permanent, and life-altering injuries and damages.

PLAINTIFFS' ORIGINAL COMPLAINT

a. Medical care expenses;

b. Medical care expenses to be sustained in the future;

c. Conscious physical pain and suffering;

d. Conscious physical pain and suffering to be sustained in the future;

e. Emotional pain and suffering;

f. Emotional pain and suffering to be sustained in the future;

h. Mental anguish to be sustained in the future;

j. Physical impailment to be sustained in the future;

k. Scarring and disfigurement;

I. Loss of enjoyment of life;

m. Loss of earning capacity;