Legal Opinion
C.H. v. Los Lunas Schools Board of Education
District Court, D. New Mexico
Decided March 23, 2012No. CIV 11-0271 JB/LAMPublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JAMES O. BROWNING, District Judge.
THIS MATTER comes before the Court on the Defendants’ Motion and Supporting Memorandum to Dismiss Plaintiffs Negligence Claim Under the New Mexico Tort Claims Act, filed May 19, 2011 (Doc. 19)(“Motion to Dismiss”). The Court held a hearing on September 27, 2011. The primary issue is whether Plaintiff C.H. has *1347pled factual allegations that support a waiver of immunity under the New Mexico Torts Claim Act (“NMTCA”), N.M.S.A. 1978, § 41-4-6. The Court will deny the Motion to Dismiss. The Court finds that C.H.’s allegations go beyond…
2Cases cited30 opinions
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- Robbins Ex Rel. Robbins v. Oklahoma Ex Rel. Department of Human ServicesCourt of Appeals for the Tenth Circuit · 2008
- Smith v. United StatesCourt of Appeals for the Tenth Circuit · 2009
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3Cited by6 opinions
- Hunt v. Central Consolidated School DistrictDistrict Court, D. New Mexico · 2013
- Saenz v. Lovington Municipal School DistrictDistrict Court, D. New Mexico · 2015
- Armijo v. Board of County Commissioners of the County of SocorroDistrict Court, D. New Mexico · 2021
- Doe v. Farmington Municipal SchoolsDistrict Court, D. New Mexico · 2022
- Lopez v. Hobbs Municipal School DistrictDistrict Court, D. New Mexico · 2019
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