$1 millionSettlement

NMSU Pays $1 Million and Mandates Campus-Wide Training After Failing Rape Survivor

Settlement · New Mexico (Las Cruces) · 2025

Won by McGinn Montoya Love Curry & Sievers.

New Mexico State University agreed to pay $1 million and require annual consent and sexual assault training for every enrolled student after a lawsuit alleged the university failed to investigate or protect a freshman who was raped in her dorm room in September 2022.

What happened

On the night of September 10-11, 2022, an entering freshman at New Mexico State University was raped in her own dorm room by a fellow student named Aizen Saucedo over a period of approximately two hours. She reported the assault to NMSU Police, who passed the report to the university. Prosecutors filed three counts of criminal sexual penetration against Saucedo in October 2022, but NMSU allowed him to remain enrolled while criminal proceedings moved forward.

The university's response compounded the harm. NMSU denied the survivor's request to change dorm rooms, failed to put sign-in or security requirements in place for non-residents in student housing, and took no meaningful steps to enforce an order of protection that a court had issued against Saucedo. That restraining order was later made permanent for 40 years by the Third Judicial District Court in January 2023. The internal university investigation dragged on for more than an entire school year without resolution.

Attorneys A. Elicia Montoya, Katie Curry, and Cameron B. Bell of McGinn, Montoya, Love, Curry and Sievers filed suit in the Second Judicial District Court. The complaint alleged that NMSU acted negligently, breached its contract with the student, and violated her civil rights by creating an unsafe campus environment. It further alleged that between 2019 and April 2022, before the client's assault, NMSU had received at least 22 reports of criminal sexual penetration on campus, at least 12 of them inside on-campus student housing. The university, the complaint argued, knew the risk and failed to act.

In July 2024, Saucedo was acquitted on all criminal charges in the district court. The civil case continued toward a February 2025 trial date in Albuquerque before the parties reached a settlement.

Under the agreement announced in August 2025, NMSU paid $1 million through the New Mexico Risk Management Division and committed to mandatory annual online training in consent and sexual assault prevention for all enrolled students, beginning fall 2025. Students who do not complete the course face a registration hold. The course selected is 'RespectEdu for College.' The scheduled trial was dismissed upon the settlement.

Sources

This account is drawn from contemporaneous public reporting and the court record.

More proven verdicts from McGinn Montoya Love Curry & Sievers

All McGinn Montoya Love Curry & Sievers proven verdicts →
$67.3 millionVerdictGroup recoveryProduct LiabilityNM

A New Mexico jury found German device maker Biotronik and its sales representative liable for conspiring with a Las Cruces cardiologist and a hospital to implant medically unnecessary pacemakers in dozens of patients for profit.

2014 · 3rd Judicial District Court, Las Cruces, NMRead the full story →
$18.9 millionVerdictTruck AccidentsNM

A New Mexico jury found Utility Trailer Manufacturing negligent for failing to install side underride guards, awarding the family of a 16-year-old killed in a 2015 highway fire crash a net verdict of $18.9 million.

2019 · New Mexico state District Court, AlbuquerqueRead the full story →
$10.55 millionVerdictWrongful DeathUT

A federal judge awarded $10.55 million to the family of Esther Nakajjigo, a 25-year-old Ugandan human rights activist killed on her honeymoon when an unsecured metal gate arm at Arches National Park swung into her husband's vehicle, delivering the largest federal wrongful death verdict in Utah history.

2023 · U.S. District Court, District of Utah (Central Division), Judge Bruce S. JenkinsRead the full story →
$7.75 millionVerdictMedical MalpracticeNM

An Albuquerque jury awarded $7.75 million to Michael Webb and his wife after Presbyterian Hospital ICU staff failed to reposition him for extended stretches, causing a devastating Stage 4 pressure ulcer that remained unhealed more than five years later.

2017 · 2nd Judicial District Court, Bernalillo County, Albuquerque, NM (Judge Valerie A. Huling)Read the full story →

Related premises liability verdicts

$1.6 billionVerdictGroup recoveryNY

Anapol Weiss shareholder Kristen Gibbons Feden helped secure $1.6 billion in default verdicts for 104 women sexually abused as children by former Long Island pediatrician Stuart Copperman, one of the largest cumulative civil awards against a single individual in U.S. history.

Anapol Weiss2025 · Nassau County Supreme Court, Long IslandRead the full story →
$1.1 billionVerdictOn appealTX

A Dallas jury awarded $1.1 billion against a trust fund heir who beat a 2-year-old into a permanent vegetative state in 2021, a verdict the firm calls the largest child-assault award in U.S. history.

The Buzbee Law Firm2026 · 134th District Court, Dallas CountyRead the full story →
$1 billionVerdictNot collectableGA

A Clayton County jury awarded $1 billion to a woman who was raped at age 14 by an armed security guard her employer hired without verifying he was licensed to carry a weapon.

Stewart Miller Simmons Trial Attorneys2018 · State Court of Clayton County, GeorgiaRead the full story →
$850 millionVerdictGroup recoveryLA

Joseph Bruno and Bruno & Bruno served as lead plaintiffs' counsel in a landmark class action brought by more than 8,000 Gentilly residents exposed to a butadiene tank-car fire in 1987, securing a jury verdict that included $2.5 billion in punitive damages against CSX Transportation alone, later reduced to $850 million on appeal and affirmed by Louisiana's Fourth Circuit.

Bruno & Bruno1997 · Civil District Court, Orleans Parish, LouisianaRead the full story →