Legal Opinion
Wittkowski Ex Rel. Wittkowski v. State, Corrections Department
New Mexico Court of Appeals
Decided November 14, 1985No. 7939PublishedCited by 45 opinions
1Opinion of the Court
OPINION
NEAL, Judge.
The personal representative and survivors of Roland H. Wittkowski brought suit for wrongful death, seeking compensatory and punitive damages against defendants under the New Mexico Tort Claims Act and the Federal Civil Rights Act. The district court granted defendants’ NMSA 1978, Civ. P.Rule 12(b)(6) (Repl.Pamp.1980) motions to dismiss.
Because the case comes to the court following the granting of the Rule 12(b)(6) motion, we must accept the facts set out in the complaint as true, and resolve all doubts in favor of the sufficiency of the complaint. Runyan v. Jaramillo, 90…
2Cases cited20 opinions
- Martinez v. CaliforniaSupreme Court of the United States · 1980
- Thomas L. Bowers, Administrator of the Estate of Marguerite Anne Bowers, Deceased v. Robert A. Devito, M.D.Court of Appeals for the Seventh Circuit · 1982
- McLaughlin v. TilendisCourt of Appeals for the Seventh Circuit · 1968
- Hicks v. StateNew Mexico Supreme Court · 1976
- Schear v. Board of County CommissionersNew Mexico Supreme Court · 1984
15 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Silva v. StateNew Mexico Supreme Court · 1987
- Torres v. StateNew Mexico Supreme Court · 1995
- Bober v. New Mexico State FairNew Mexico Supreme Court · 1991
- Santa Fe Technologies, Inc. v. Argus Networks, Inc.New Mexico Court of Appeals · 2001
- Lymon v. Aramark Corp.District Court, D. New Mexico · 2010
40 more not listed; retrieve them via the Exa API.