Legal Opinion · Concurring in part, dissenting in part

Seeds v. Lucero

New Mexico Court of Appeals

Decided March 30, 2005No. 23,704Published

1Concurring in part, dissenting in partRobinson, Judge

{28} I would not recognize a grant of immunity from liability for the Mayor, or any of the City Defendants who are accused of malicious conduct by intentionally carrying out their personal and political vendettas against their political adversaries. I do not believe that the law should or does provide them with a place to safely hide from civil prosecution under the Tort Claims Act.

{29} Those with whom the City Defendants conspire to accomplish their wrongful goals do not escape liability. Neither should the City Defendants. I therefore dissent.

{30} I am convinced that New Mexico ought to…

2Cases cited5 opinions

  1. Trimble v. City and County of DenverSupreme Court of Colorado · 1985
  2. Aspen Exploration Corp. v. SheffieldAlaska Supreme Court · 1987
  3. Oldfield v. BenavidezNew Mexico Supreme Court · 1994
  4. Huber v. North Carolina State UniversityCourt of Appeals of North Carolina · 2004
  5. Podruch v. State, Department of Public SafetyCourt of Appeals of Minnesota · 2004

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