Legal Opinion

DeVargas v. State ex rel. New Mexico Department of Corrections

New Mexico Court of Appeals

Decided October 1, 1981No. 5062PublishedCited by 23 opinions

1Opinion of the Court

OPINION

WOOD, Judge.

The incident on which the original complaint was based occurred on September 21, 1976. The incident, according to plaintiff, was a beating he received by employees of the Department of Corrections (named as John Doe defendants), while plaintiff was incarcerated at the penitentiary. The original complaint was filed July 6, 1977. The amended complaint was filed approximately August 5, 1980 (the district court filing stamp cannot be read). The trial court denied defendants’ motion to dismiss the amended complaint. We granted an interlocutory appeal. A determination of whether…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. Johnson v. GlickCourt of Appeals for the Second Circuit · 1973
  2. Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
  3. Betsy A. Jennings v. Ilus W. DavisCourt of Appeals for the Eighth Circuit · 1973
  4. Robert Louis Williford v. People of the State of California, Robert A. Heinze, Warden, Folsom State Prison, Amos X. Brister v. People of the State of California, Robert A. Heinze, Warden, Folsom State Prison, Ivory X. Guidry v. People of the State of California, Robert A. Heinze, Warden, Folsom State Prison, George X. Morris v. People of the State of California, Robert A. Heinze, Warden, Folsom State PrisonCourt of Appeals for the Ninth Circuit · 1965
  5. Ames v. VavreckDistrict Court, D. Minnesota · 1973

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3Cited by23 opinions

  1. Fuchilla v. LaymanSupreme Court of New Jersey · 1988
  2. California First Bank v. StateNew Mexico Supreme Court · 1990
  3. Begay v. StateNew Mexico Court of Appeals · 1985
  4. Wittkowski Ex Rel. Wittkowski v. State, Corrections DepartmentNew Mexico Court of Appeals · 1985
  5. Lowery v. Department of CorrectionsMichigan Court of Appeals · 1985

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