Garcia v. Albuquerque Public Schools Board of Education
New Mexico Court of Appeals
1Opinion of the Court
OPINION
LOPEZ, Judge.
This case was brought in the District Court of Bernalillo County to recover damages for personal injuries suffered by a twelve year old student who was struck by his public school teacher. Because the New Mexico Tort Claims Act accords govern-? mental immunity to the defendants, the Court dismissed the complaint. We affirm.
Plaintiffs assert the Tort Claims Act, § 41-4-1 et seq., N.M.S.A.1978 violates Art. II, §§ 4 and 18 of the New Mexico Constitution and the 14th Amendment of the United States Constitution. They argue that the Tort Claims Act denies injured parties equal…
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