Bishop v. Doe

BALDOCK, Circuit Judge.

Plaintiff-appellant, Stephen Bishop, instituted this diversity action under 28 U.S.C. § 1332 in the New Mexico federal district court, purporting to allege a cause of action under the New Mexico Tort Claims Act, N.M.Stat.Ann. §§ 41-4-1 to 41-4-29 (Repl.Pamp.1989). According to his complaint, Bishop, while in the custody of the New Mexico Department of Corrections, was exercising with an improperly installed and maintained “speed bag” which disassembled and caused him injury. Upon the defendants-appellees motion, the district court dismissed Bishop’s complaint as barred…