New Mexico Court of Appeals

Littell, a paralegal for Allstate’s Albuquerque in-house legal department, alleged that after a new attorney supervisor, Todd Aakhus, was hired in 1998, she endured a hostile work environment marked by sexual innuendo, inappropriate touching, pervasive dirty jokes, and explicit commentary. After reporting the conduct anonymously via Allstate’s hotline, Littell claims Aakus retaliated by subjecting her to harsher treatment, fabricated discipline, public beratement, refusal to leave during a family crisis, and ultimately her constructive discharge in 2002.

On July 15, 1994, a domestic violence protective order involving Gonzales and his wife was entered. The order contained a “stay away” provision, one that prohibited Gonzales from visiting the wife’s workplace. Five days later, on July 15, 1994, Gonzales was arrested for being at the wife’s workplace. The trial court found that Gonzales had violated the protective order in contempt and sentenced him to jail. Five days later, on July 25, 1994, Gonzales was again charged, this time for criminal false imprisonment, battery, stalking, and harassment.

A protective order prohibiting domestic violence involving McGee and his estranged wife was filed on July 1, 1999, under the Family Violence Protection Act (“FVPA”). The order prohibited McGee from writing to, talking to, visiting, or contacting the wife. On February 16, 2000, McGee made six phone calls to his estranged wife from the Otero County Detention Center. Based on these facts, the trial court convicted McGee for six counts of violating the protective order and gave McGee six consecutive sentences.