Limacher v. Spivey

OPINION

KENNEDY, Judge.

{1} Plaintiffs Walter Limacher, George Luevano, Wilhelmina Luevano, and Joe Sanchez appeal from a district court order granting summary judgment to Defendants Jalayne Spivey and The State of New Mexico. The district court granted summary judgment for Defendants on the basis of sovereign immunity. We hold that there is no disputed material fact as to whether an employee of the Office of the State Engineer engaged in conduct sufficient to trigger the “law enforcement officer” waiver of immunity so as to defeat summary judgment, and we affirm.

PROCEDURAL HISTORY

{2} This…