Callaway v. New Mexico Department of Corrections

OPINION

FLORES, Judge.

Plaintiff appeals the trial court’s dismissal of his claims under the Tort Claims Act. Plaintiff raises the following issues on appeal: whether the trial court erred in finding that (1) Defendants had not been given timely notice of claims pursuant to NMSA 1978, Section 41 — 4-16(B) (Repl.Pamp.1989); (2) Plaintiff had failed to state a claim against a law enforcement officer pursuant to NMSA 1978, Section 41^4-12 (Repl.Pamp.1989); and (3) Plaintiff had failed to state a claim pursuant to NMSA 1978, Section 41-4-6 (Repl. Pamp.1989) permitting claims arising from the…