Legal Opinion
Baptiste v. City of Las Cruces
New Mexico Court of Appeals
Decided February 10, 1993No. 13206PublishedCited by 15 opinions
1Opinion of the Court
OPINION
HARTZ, Judge.
Pursuant to the New Mexico Tort Claims Act, NMSA 1978, §§ 41-4-1 to -4-29 (Repl.Pamp.1989), Plaintiff sued the City of Las Cruces and its animal control officer (ACO), Elizabeth Carver, for false imprisonment and false arrest allegedly resulting from the issuance of a citation by Carver. The Defendants sought dismissal of the charge on several grounds, including failure to state a claim upon which relief can be granted. See SCRA 1986, 1-012(B)(6). To establish this last ground, Defendants relied on a three-step analysis: (1) they are immune from suit under the Act unless…
2Cases cited8 opinions
- Commonwealth v. KochSuperior Court of Pennsylvania · 1981
- Anchondo v. Corrections DepartmentNew Mexico Supreme Court · 1983
- Transamerica Insurance v. SydowNew Mexico Court of Appeals · 1981
- People v. BissonetteMichigan Supreme Court · 1950
- State v. ManciniSupreme Court of Vermont · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Apodaca v. AAA Gas Co.New Mexico Court of Appeals · 2003
- Dunn v. McFeeleyNew Mexico Court of Appeals · 1999
- Coyazo v. StateNew Mexico Court of Appeals · 1995
- Limacher v. SpiveyNew Mexico Court of Appeals · 2008
- Rayos v. State Ex Rel. New Mexico Department of Corrections, Adult Probation & Parole DivisionNew Mexico Court of Appeals · 2014
10 more not listed; retrieve them via the Exa API.