Legal Opinion

Herrera v. Las Cruces Public Schools

Court of Appeals for the Tenth Circuit

Decided June 13, 2017No. 16-2179UnpublishedCited by 14 opinions

1Opinion of the Court

ORDER AND JUDGMENT *

Mary Beck Briscoe, Circuit Judge

Christina Herrera appeals the district court’s dismissal of her action as untimely filed. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm the dismissal but remand with directions for the district court to enter its dismissal without prejudice.

I. BACKGROUND

Ms. Herrera filed an action in New Mexico state court against her former employer, Las Cruces Public Schools, and two former co-workers. She asserted three claims: (1) “Disability Discrimination and Retaliation”; (2) “Retaliatory Discharge”; and (3) “Intentional Infliction of…

2Cases cited19 opinions

  1. David Holt, as Personal Representative of the Estates of James W. Holt and Joan Holt, Deceased v. United StatesCourt of Appeals for the Tenth Circuit · 1995
  2. Richison v. Ernest Group, Inc.Court of Appeals for the Tenth Circuit · 2011
  3. McPhail v. Deere & Co.Court of Appeals for the Tenth Circuit · 2008
  4. State Farm Fire & Casualty Company v. Robert Ray Mhoon, Takura Fujiwara, and Melinda Isabel FujiwaraCourt of Appeals for the Tenth Circuit · 1994
  5. Brown v. BuhmanCourt of Appeals for the Tenth Circuit · 2016

14 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Aliyah M. Matthias v. Trader Joe’s CompanyDistrict Court, D. Colorado · 2026
  2. Baca v. Office of the Superintendent of InsuranceDistrict Court, D. New Mexico · 2023
  3. Castenada v. WalmartDistrict Court, D. Utah · 2021
  4. Cosima Epifani v. State of New Mexico, et al.District Court, D. New Mexico · 2026
  5. Geddings v. Costco Wholesale Corp.District Court, D. New Mexico · 2025

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API