Trujillo v. City of Albuquerque

I dissent.

The City of Albuquerque’s motion for summary judgment was granted. Summary judgment was not based upon the premise that no genuine issue of material fact existed. It was based upon two erroneous legal principles set forth in the majority opinion: (1) the real complaint of plaintiff’s amended complaint is that the City did not provide adequate police or other protection at Roosevelt Park and (2) that police protection is a governmental function. Summary judgment should be reversed.

Before establishing reversible error, it is more important to me, if this opinion is not denied…