Legal Opinion
Risk Management Division v. McBrayer
New Mexico Court of Appeals
Decided October 5, 2000No. 20,193, 20,237PublishedCited by 24 opinions
1Opinion of the Court
OPINION
BOSSON, Judge.
{1} The opinion heretofore filed in this case is withdrawn and the following substituted therefor. The motion for rehearing (reconsideration) is denied.
{2} An instructor at New Mexico State University (NMSU) brutally attacked one of his students, sexually assaulted and tortured her, and then tried to kill her. When the victim filed a civil rights lawsuit against the instructor, the State of New Mexico, through its Risk Management Division (RMD), filed this action seeking a declaratory judgment that it did not owe a legal duty to defend the instructor or pay any resulting…
2Cases cited25 opinions
- Jane Doe v. Taylor Independent School District, Mike Caplinger in His Official Capacities and Eddy Lankford in His Official and Individual CapacitiesCourt of Appeals for the Fifth Circuit · 1994
- Silva v. StateNew Mexico Supreme Court · 1987
- John R. v. Oakland Unified School DistrictCalifornia Supreme Court · 1989
- High Ridge Hinkle Joint Venture v. City of AlbuquerqueNew Mexico Supreme Court · 1998
- Methola v. County of EddyNew Mexico Supreme Court · 1980
20 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Celaya v. HallNew Mexico Supreme Court · 2004
- Peña v. GreffetDistrict Court, D. New Mexico · 2015
- Derringer v. StateNew Mexico Court of Appeals · 2003
- Seeds v. LuceroNew Mexico Court of Appeals · 2005
- Gerald v. LocksleyDistrict Court, D. New Mexico · 2011
19 more not listed; retrieve them via the Exa API.