Legal Opinion

Pena v. Greffet

District Court, D. New Mexico

Decided January 28, 2013No. CIV 12-0710 JB/WDSPublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JAMES 0. BROWNING, District Judge.

THIS MATTER comes before the Court on the CCA, Hickson and Vallejos’ Motion to Dismiss, filed Sept. 24, 2012 (Doc. 10)(“Motion to Dismiss”). The Court held a hearing on November 27, 2012. The primary issues are: (i) whether the Defendant Dale Greffet, a corrections officer at the New Mexico Women’s Correctional Facility (“NMWCF”) in Grants, New Mexico, was acting under color of state law when he allegedly violated Plaintiff Crystal Peña’s constitutional rights by sexually assaulting her; (ii) whether Peña alleges sufficient factual…

2Cases cited128 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  4. Conley v. GibsonSupreme Court of the United States · 1957
  5. Estelle v. GambleSupreme Court of the United States · 1976

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3Cited by19 opinions

  1. Young v. City of AlbuquerqueDistrict Court, D. New Mexico · 2014
  2. Hunt v. Central Consolidated School DistrictDistrict Court, D. New Mexico · 2013
  3. SWEPI, LP v. Mora CountyDistrict Court, D. New Mexico · 2015
  4. A.M. ex rel. Youngers v. New Mexico Department of HealthDistrict Court, D. New Mexico · 2014
  5. Dorato v. SmithDistrict Court, D. New Mexico · 2015

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