Ortiz v. New Mexico State Police

OPINION

HARTZ, Judge.

We granted this interlocutory appeal to consider whether the New Mexico Tort Claims Act provides immunity to law enforcement officers whose negligent supervision and training of their subordinates proximately causes the commission by those subordinates of the torts of assault, battery, false arrest, and malicious prosecution. We hold that it does not. BACKGROUND

This case comes before us on a motion to dismiss for failure to state a claim upon which relief may be granted. SCRA 1986, 1-012(B)(6). Therefore, we “accept as true all facts well pleaded.” Gomez v. Board of Educ.,…