Lopez v. Las Cruces Police Department

OPINION

PICKARD, Judge.

{1} These cases present us with the opportunity to resolve the issues of whether the New Mexico Tort Claims Act (TCA), NMSA 1978, §§ 41 -4-1 to -27 (1976, as amended through 2004), requires a plaintiff to name a specific public employee as a defendant to recover damages under the TCA and whether the name of the negligent public employee must be identified in evidence at trial. Because these cases raise similar legal issues, we consolidate them for appellate review. In Lopez, the district court granted Defendant Las Cruces Police Department’s motion to dismiss or for…