Legal Opinion

Whittington v. STATE DEPT. OF PUBLIC SAFETY

New Mexico Court of Appeals

Decided August 27, 2004No. 24,376PublishedCited by 16 opinions

1Opinion of the Court

OPINION

CASTILLO, Judge.

{1} This appeal requires us to review the trial court’s entry of summary judgment against Plaintiffs on the one remaining count in their complaint, that of breach of contract. We consider whether policies and procedures governing the employment of state police officers create an implied contract regarding terms of employment and, if so, whether the implied contract constitutes a “valid written contract,” such that immunity is waived under the terms of NMSA 1978, § 37-l-23(A) (1976). We answer in the affirmative; however, the trial court must still determine the…

2Cases cited20 opinions

  1. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  2. Alden v. MaineSupreme Court of the United States · 1999
  3. Hartbarger v. Frank Paxton Co.New Mexico Supreme Court · 1993
  4. Trujillo v. Northern Rio Arriba Electric Cooperative, Inc.New Mexico Supreme Court · 2001
  5. Newberry v. Allied Stores, Inc.New Mexico Supreme Court · 1989

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3Cited by16 opinions

  1. Canfield v. Layton CityUtah Supreme Court · 2005
  2. Beggs v. City of PortalesNew Mexico Supreme Court · 2009
  3. Board of County Commissioners v. ChavezNew Mexico Court of Appeals · 2007
  4. Wood v. CunninghamNew Mexico Court of Appeals · 2006
  5. Salehpoor v. New Mex. Inst. of Mining & Tech.New Mexico Court of Appeals · 2019

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

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