Legal Opinion

Spurlock v. Townes

New Mexico Supreme Court

Decided March 14, 2016No. 35,027PublishedCited by 17 opinions

1Opinion of the Court

OPINION

DANIELS, Justice.

{1} The United States Court of Appeals for the Tenth Circuit has certified to us the question of the civil liability under New Mexico law of a private prison when an on-duty corrections officer sexually assaults inmates in the facility. Spurlock v. Townes, 594 F. App’x 463, 470-71 (10th Cir. 2014). W e hold that the private prison is vicariously liable for damages caused by the intentional torts of its employee when those torts were facilitated by the authority provided to the employee by the prison. The liability of the prison may not be reduced by any fault…

2Cases cited12 opinions

  1. Burlington Industries, Inc. v. EllerthSupreme Court of the United States · 1998
  2. Ocana v. American Furniture Co.New Mexico Supreme Court · 2004
  3. Craig Charles Clappier v. Dennis Flynn, Sheriff of Laramie County, Wyoming, Individually and in His Representative CapacityCourt of Appeals for the Tenth Circuit · 1979
  4. Doe v. ForrestSupreme Court of Vermont · 2004
  5. City of Las Cruces v. El Paso Electric Co.New Mexico Supreme Court · 1998

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3Cited by17 opinions

  1. Lopez v. Delta Int'l Mach. Corp.District Court, D. New Mexico · 2018
  2. Presidential Hospitality, LLC v. Wyndham Hotel Grp., LLCDistrict Court, D. New Mexico · 2018
  3. Easley Bryant v. BeardallDistrict Court, D. New Mexico · 2021
  4. Easley Bryant v. BeardallDistrict Court, D. New Mexico · 2021
  5. Ferlic v. Lovelace Health Sys., LLCNew Mexico Supreme Court · 2026

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