Background & Practice Experience:
Damian is a Managing Director and Vice President of Holt Mynatt Martínez P.C. Damian is from Las Vegas, New Mexico. He graduated from New Mexico Highlands University in 1998 with a Bachelor’s of Social Work. He obtained his Juris Doctorate, cum laude, from St. Mary’s University in 2001, where he was a member of the Phi Delta Phi and John M. Harlan honors fraternities. Damian was appointed to the Board of Regents of Northern New Mexico College in 2015 by Governor Susana Martinez.
Damian is a former Captain in the U.S. Air Force, where he served with the Judge Advocate General Corps on active duty from 2001 to 2005. He was awarded the Air Force Commendation, Air Force Achievement, National Defense, and Global War on Terrorism medals. While on active duty, he was appointed a Special Assistant U.S. Attorney for the Northern District of Texas and the District of New Mexico.
Damian has been recognized by a number of trade publications and institutions including A.M. Best, Super Lawyers and the American Society of Legal Advocates. Damian also earned the prestigious AV Preeminent peer review rating from Martindale Hubbell, based on evaluation of his credentials and experience from fellow lawyers.
A list of representative clients includes New Mexico Association of Counties, American National Property and Casualty Company, American Claims Service, Inc., Philadelphia Insurance Companies, AIG, Mountain States Insurance, Esurance, XL Group, Brotherhood Mutual Insurance, the City of Las Cruces, the Animal Services Center of the Mesilla Valley, Dona Ana County, Hidalgo County, Otero County, Sierra County, Luna County, San Miguel County, Las Cruces Public Schools, and Mesilla Valley Regional Dispatch Authority, and Young Guns Chile among others.
His practice experience is broad and varied. A litigator, he confines his practice primarily to the defense of municipalities and police departments from claims of excessive force and constitutional violations arising under the color of both state and federal law. This experience includes obtaining multiple total defense verdicts on behalf of the City of Las Cruces in high-profile suicide by cop and wrongful death cases. In his representation of clients Damian has also successfully resolved multiple matters through summary judgment and qualified immunity. Damian has fully litigated thirty-five jury trials and fifty-four bench trials. Damian’s litigation experience also includes appellate practice. He has appeared before the New Mexico Court of Appeals, the New Mexico Supreme Court and the U.S. Court of Appeals for the Tenth Circuit.
In addition to trial and appellate practice, Damian acts as County Attorney for San Miguel, Hidalgo and Luna Counties as well as the attorney for Truth or Consequences and the Town of Hurley. Damian routinely advises and defends governmental entities in the areas of labor and employment law from a host of claims arising under the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA) and the New Mexico Human Rights Act. His practice also includes due diligence for governmental agencies with respect to proposed contracts and the renewal or modification of existing contracts. Damian has also advised municipalities concerning joint powers agreements and public-private ventures.