Miera v. Waltemeyer

OPINION

ANDREWS, Judge.

In this interlocutory appeal from the dismissal of the City of Albuquerque as a defendant, we are presented with an issue under §§ 5-14-4 and 5-14-12, N.M.S.A. 1953 (1976 Int.Supp.), the 1976 Tort Claims Act being the applicable statute. For current provisions, see §§ 41-4-4 and 41-4-12, N.M.S.A.1978.

Plaintiff-Appellant, Robert Miera, was allegedly the victim of an assault and battery committed by Sgt. C. P. Waltemeyer. Sgt. Waltemeyer was, at the time of the alleged attack, acting in the scope of his duties as an Albuquerque police officer. Miera filed this action…