Serving Clovis, Portales and the Surrounding Communities

Clovis care facility sued

CLOVIS — A Clovis care facility was sued Tuesday by two families of facility clients.

Albuquerque attorney Nancy Simmons confirmed working on a pair of cases against ENMRSH, which provides community living services and support to clients with developmental delays, intellectual and physical disabilities, according to its website.

The lawsuit filed in state court in Santa Fe seeks unspecified damages and names ENMRSH, CEO Damian Houfek, former caregiver Terence Barela and the state department of health.

The suit claims:

• Barela, then 18, was left by himself to care for three mentally disabled men last January.

• Barela burned one client, referred to as “Victor D,” with a spoon heated on a stove, to force him to go to bed.

• An investigation revealed 18 total burns on Victor D and eight on a second client, “David V.” Neither man is able to communicate verbally.

• Clients did not receive regular meals, and Victor D was sometimes so dehydrated he drank from the toilet.

Calls to Houfek and the state department of health Wednesday afternoon was not immediately returned.

Barela was charged Jan. 24, 2016, with two counts of abuse of a resident. One charge was dismissed, and the lawsuit said he received a felony conviction on the other. Attempts to contact Barela and his attorney were unsuccessful.

A New Mexico attorney since 1984, Simmons has represented ENMRSH clients for the last eight years. She is involved in three other cases against ENMRSH — two involving one person each, and another involving six where she is co-counsel.

She alleges ENMRSH has a history of inaction, cover-up and retaliation.

“Speaking as an attorney, I think 10 cases in the last five years is quite a few,” Simmons said.

The filing also says the state has not performed its legal obligations to oversee ENMRSH as a facility that receives state Medicaid funds through a developmental disability waiver program.

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