Roybal v. City of Albuquerque

MEMORANDUM OPINION AND ORDER

BRATTON, Chief Judge.

This matter comes before the court on defendants’ motion to dismiss Counts II, III and IV of plaintiff's Complaint for failure to state a claim, and defendants’ motion to dismiss Counts V and VI for lack of subject matter jurisdiction. The court, having reviewed the motions and memoranda submitted by the parties in conjunction therewith, and consulted the applicable authorities, concludes that the motions should be granted in part and denied in part.

This is a civil rights action arising out of plaintiff’s employment with the Albuquerque Police…