Legal Opinion
Otero v. State
New Mexico Court of Appeals
Decided April 9, 1987No. 8886PublishedCited by 7 opinions
1Opinion of the Court
OPINION
BIVINS, Judge.
In this case, we must decide whether the State of New Mexico and its Department of Finance and Administration (DFA) are responsible, under the Tort Claims Act, NMSA 1978, Sections 41-4-1 to -29 (Repl.1986), for paying a federal court judgment against a penitentiary guard when neither the state nor any of its agencies had notice of either the claim or of the federal court suit. We hold that the state and DFA are not responsible for paying the judgment.
Plaintiffs decedent, a prisoner at the penitentiary, was killed by three other prisoners. Plaintiff filed a suit in federal…
2Cases cited15 opinions
- Moor v. County of AlamedaSupreme Court of the United States · 1973
- McClelland v. FacteauCourt of Appeals for the Tenth Circuit · 1979
- Methola v. County of EddyNew Mexico Supreme Court · 1980
- General Motors Acceptance Corp. v. AnayaNew Mexico Supreme Court · 1985
- Garcia v. Genuine Parts Co.New Mexico Court of Appeals · 1977
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3Cited by7 opinions
- Frappier v. MerglerNew Mexico Court of Appeals · 1988
- Matter of Dominick Q.New Mexico Court of Appeals · 1992
- Niederstadt v. Town of CarrizozoNew Mexico Court of Appeals · 2008
- Loya v. GutierrezNew Mexico Court of Appeals · 2013
- Fahr v. Aaron McGruder TruckingNew Mexico Court of Appeals · 1988
2 more not listed; retrieve them via the Exa API.