Legal Opinion

Archibeque v. Moya

New Mexico Supreme Court

Decided December 15, 1993No. 21359PublishedCited by 54 opinions

1Opinion of the Court

OPINION

BACA, Justice.

Pursuant to NMSA 1978, Section 34-2-8 (Cum.Supp.1993) and SCRA 1986, 12-607 (Repl.Pamp.1992), we accepted the following certified question of state law from the Tenth Circuit Court of Appeals:

Does [NMSA 1978, Section 41-4-6 (Repl. Pamp.1989) ] of the New Mexico Tort Claims Act, [NMSA 1978, Sections 41-4-1 to -29 (Repl.Pamp.1989 & Cum.Supp. 1993) ], provide immunity from tort liability to an employee of the state penitentiary whose alleged negligence in releasing a prisoner into the general prison population, which included known enemies of the prisoner, resulted in the…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Silva v. StateNew Mexico Supreme Court · 1987
  2. Bober v. New Mexico State FairNew Mexico Supreme Court · 1991
  3. Castillo Ex Rel. Castillo v. County of Santa FeNew Mexico Supreme Court · 1988
  4. Wittkowski Ex Rel. Wittkowski v. State, Corrections DepartmentNew Mexico Court of Appeals · 1985
  5. Pemberton v. CordovaNew Mexico Court of Appeals · 1987

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

3Cited by54 opinions

  1. Lymon v. Aramark Corp.District Court, D. New Mexico · 2010
  2. Callaway v. New Mexico Department of CorrectionsNew Mexico Court of Appeals · 1994
  3. Upton v. Clovis Municipal School DistrictNew Mexico Supreme Court · 2006
  4. Espinoza Ex Rel. Espinoza v. Town of TaosNew Mexico Supreme Court · 1995
  5. Oliveros v. MitchellCourt of Appeals for the Tenth Circuit · 2006

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

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