Archibeque v. Moya, 866 P.2d 344 (N.M. 1993). · Go Syfert
Archibeque v. Moya, 866 P.2d 344 (N.M. 1993). Cases Citing This Book View Copy Cite
387 citation events (311 in the last 25 years) across 5 distinct courts.
Strongest positive: Lymon v. Aramark Corp. (nmd, 2010-07-07)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Lymon v. Aramark Corp. (31×) also: Cited as authority (rule), Cited "see"
D.N.M. · 2010 · signal: see · quote attribution · 2 verbatim quotes · confidence high
to read section 41-4-6 as waiving immunity for negligent performance of administrative functions would be contrary to the plain language and intended purpose of the statute.
examined Cited as authority (verbatim quote) Garner v. Department of Corrections (3×) also: Cited as authority (rule), Cited "see, e.g."
N.M. Ct. App. · 1995 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
the purpose of section 41-4-6 is to ensure the general public's safety____
discussed Cited as authority (rule) Bradshaw v. Management and Training Corporation
D.N.M. · 2023 · confidence medium
Otero County and the NMCD Defendants argue that “‘the security, custody, and classification of inmates does not comprise the ‘operation’ and ‘maintenance’ of penitentiary premises.’” ECF No. 59 at 7 (quoting Archibeque v. Moya, 866 P.2d 344, 348 (N.M. 1993)); ECF No. 60 at 12 (same).
examined Cited as authority (rule) Chavez v. New Mexico Corrections Department (3×) also: Cited "see", Cited "see, e.g."
D.N.M. · 2022 · confidence medium
For instance, in Archibeque v. Moya, a prison administrator negligently failed to check a list of names before placing an inmate into an area of the prison with his known enemies. 866 P.2d 344, 347 (N.M. 1993).
examined Cited as authority (rule) Chavez v. New Mexico Corrections Department (3×) also: Cited "see, e.g."
D.N.M. · 2022 · confidence medium
For instance, in Archibeque v. Moya a prison administrator negligently failed to check a list of names before placing an inmate into an area of the prison with his known enemies. 866 P.2d 344, 347 (N.M. 1993).
examined Cited as authority (rule) Chavez v. New Mexico Corrections Department (3×) also: Cited "see, e.g."
D.N.M. · 2022 · confidence medium
For instance, in Archibeque v. Moya a prison administrator negligently failed to check a list of names before placing an inmate into an area of the prison with his known enemies. 866 P.2d 344, 347 (N.M. 1993).
examined Cited as authority (rule) Chavez v. New Mexico Corrections Department (3×) also: Cited "see", Cited "see, e.g."
D.N.M. · 2022 · confidence medium
For instance, in Archibeque v. Moya a prison administrator negligently failed to check a list of names before placing an inmate into an area of the prison with his known enemies. 866 P.2d 344, 347 (N.M. 1993).
examined Cited as authority (rule) Chavez v. New Mexico Corrections Department (3×) also: Cited "see", Cited "see, e.g."
D.N.M. · 2022 · confidence medium
For instance, in Archibeque v. Moya, a prison administrator negligently failed to check a list of names before placing an inmate into an area of the prison with his known enemies. 866 P.2d 344, 347 (N.M. 1993).
discussed Cited as authority (rule) Ortega v. Edgman
D.N.M. · 2022 · confidence medium
(FAC ¶ 101.) Specifically, Defendants’ decision to subject Ortega “to a long period of solitary confinement . . . breached [Defendants’] duty to house [him] in a reasonably prudent manner.” (Id. ¶ 104.) Lopez argues that this count “involves alleged negligence . . . from [Defendants’] custody and/or classification of pre-trial detainees in [the] RHU.” (Doc. 2 at 15.) Lopez further argues that to the extent Ortega “alleges that the very act of placing pre-trial detainees in [the] RHU is a dangerous condition,” or “that being placed in [the] RHU becomes a dangerous conditio…
discussed Cited as authority (rule) Reno v. Board of County Commissioners for the County of Eddy (2×) also: Cited "see, e.g."
D.N.M. · 2022 · confidence medium
Ct. App. 1987)); and (3) “a single, discrete administrative decision affecting only a single person,” Upton, 141 P.3d at 1261-63 (citing Archibeque v. Moya, 866 P.2d 344, 347 (N.M. 1993)).
discussed Cited as authority (rule) Jaramillo v. Padilla (2×) also: Cited "see"
D.N.M. · 2021 · confidence medium
Mar. 1, 2006) (quoting Archibeque v. Moya, 866 P.2d 344, 346 (N.M. 1993)).
discussed Cited as authority (rule) Mika v. Brisco (2×) also: Cited "see"
D.N.M. · 2021 · confidence medium
App. 1994); Archibeque v. Moya, 866 P.2d 344, 346 (N.M. 1993).
cited Cited as authority (rule) Stanley v. The GEO Group, Inc.
D.N.M. · 2021 · confidence medium
Archibeque v. Moya, 866 P.2d 344, 346 (N.M. 1993).
cited Cited as authority (rule) Chavez v. New Mexico Department of Corrections
D.N.M. · 2021 · confidence medium
App. 1994); Archibeque v. Moya, 866 P.2d 344, 346 (N.M. 1993).
examined Cited as authority (rule) Armijo v. Board of County Commissioners of the County of Socorro (3×) also: Cited "see", Cited "see, e.g."
D.N.M. · 2021 · confidence medium
Dist., 141 P.3d 1259 , 1261 (N.M. 2006); Archibeque v. Moya, 866 P.2d 344, 348 (N.M. 1993).
discussed Cited as authority (rule) Stanley v. The GEO Group, Inc. (2×) also: Cited "see"
D.N.M. · 2021 · confidence medium
App. 1994); Archibeque v. Moya, 866 P.2d 344, 346 (N.M. 1993).
discussed Cited as authority (rule) Smith v. State of New Mexico (2×) also: Cited "see"
D.N.M. · 2020 · confidence medium
In Archibeque v. Moya, Archibeque was a prisoner at Central New Mexico Correctional Facility before being transferred to the New Mexico State Penitentiary. 866 P.2d 344, 346 (N.M 1993).
examined Cited as authority (rule) Thorn-Freeman v. Valdez (5×) also: Cited "see", Cited "see, e.g."
D.N.M. · 2020 · confidence medium
New Mexico Tort Claims Act Section 41-4-6 a) Parties’ Arguments Defendants’ attack on Plaintiff’s state law claim is as follows: “[T]he New Mexico Supreme Court squarely has held that § 41-4-6 NMSA 1978 does not waive immunity where the negligence at issue involves an ‘administrative function associated with the operation of the corrections system’ or for acts or omissions involving the ‘security, custody, and classification’ of inmates.” Mot. at 10 (emphasis in original) (quoting Archibeque v. Moya, 866 P.2d 344, 347 (N.M. 1993)).
discussed Cited as authority (rule) Sanchez v. Baker
D.N.M. · 2020 · confidence medium
(Doc. 37 at 14–15 (addressing the claim under § 41-4-6 only as to Baker).) Even if he hadn’t waived the claim, he alleges in his Complaint that the City owed “a duty to the general public, specifically Sanchez, to maintain and issue equipment in a reasonable manner.” (Compl. ¶ 92 (emphasis added).) The New Mexico Supreme Court has held, however, that the purpose of § 41-4-6 is “to ensure the safety of the general public.” Archibeque v. Moya, 866 P.2d 344, 348 (N.M. 1992).
cited Cited as authority (rule) Rubi v. Town of Mountainair
D.N.M. · 2019 · confidence medium
Mar. 1, 2006) (quoting Archibeque v. Moya, 866 P.2d 344, 346 (N.M. 1993)).
examined Cited as authority (rule) Williams ex rel. Samayoa v. Board of Regents (10×) also: Cited "see"
D.N.M. · 2014 · confidence medium
New Mexico courts have found that § 41-4-6’s waiver of immunity does not extend to negligent supervision, see Pemberton v. Cordova, 105 N.M. 476, 478 , 734 P.2d 254, 256 (Ct.App.1987), negligent design, see Rivera v. King, 108 N.M. 5, 12 , 765 P.2d 1187, 1194 (Ct.App.1988), negligent inspection, see Martinez v. Kaune, 106 N.M. 489, 491-92 , 745 P.2d 714, 716-17 (Ct.App.1987), or negligent classification of a prison inmate, see Archibeque v. Moya, 116 N.M. 616, 620 , 866 P.2d 344, 348 (1993).
discussed Cited as authority (rule) Lymon v. Aramark Corporation (2×) also: Cited "see"
10th Cir. · 2012 · confidence medium
Lymon, 728 F.Supp.2d at 1266-68 (relying primarily on Archibeque v. Moya, 116 N.M. 616 , 866 P.2d 344, 347 (1993) (holding prison’s negligent classification of prisoner fell outside waiver of immunity)).
discussed Cited as authority (rule) Stark-Romero v. National Railroad Passenger Co.
D.N.M. · 2011 · confidence medium
“The purpose of Section 41-4-6 is to ensure the general public’s safety by requiring public employees to exercise reasonable care in maintaining and operating the physical premises owned and operated by the government.” Archibeque v. Moya, 116 N.M. 616, 619 , 866 P.2d 344, 347 (1993).
discussed Cited as authority (rule) State v. Torres
N.M. Ct. App. · 2011 · confidence medium
“An abuse of discretion occurs when a ruling is clearly 3 contrary to the logical conclusions demanded by the facts and circumstances of the 4 case.” Sims v. Sims, 1996-NMSC-078 , ¶ 65, 122 N.M. 618 , 930 P.2d 153 . 5 APPLICATION OF COLLATERAL ESTOPPEL 6 Collateral estoppel prevents the “relitigation of ultimate facts or issues actually 7 and necessarily decided in a prior suit.” Silva v. State, 106 N.M. 472, 474 , 745 P.2d 8 380, 382 (1987), limited on other grounds by Archibeque v. Moya, 116 N.M. 616, 618 , 9 866 P.2d 344, 346 (1993).
discussed Cited as authority (rule) Sunquest v. J Lorentzen
N.M. Ct. App. · 2009 · confidence medium
This issue—Lorentzen’s authority to enter into the 8 Sunquest contract—could not be relitigated based on collateral estoppel principles. 9 See Sunquest Mktg., Inc., No. 26,375 slip op. at 3; see Silva v. State, 106 N.M. 472 , 10 474, 745 P.2d 380, 382 (1987) (“Collateral estoppel bars relitigation of ultimate facts 11 or issues actually and necessarily decided in a prior suit[;] . . . the cause of action in 12 the second suit need not be identical with the first suit.” (internal quotation marks and 13 citation omitted)), limited on other grounds by Archibeque v. Moya, 116 N.M. 616 , …
cited Cited as authority (rule) Lessen v. City of Albuquerque
N.M. Ct. App. · 2008 · confidence medium
Upton, 2006-NMSC-040, ¶ 20 (quoting Archibeque, 116 N.M. at 622 , 866 P.2d at 350 (Ransom, J., specially concurring)).
examined Cited as authority (rule) State Department of Corrections v. Watts (4×)
Wyo. · 2008 · confidence medium
Wittkowski v. State, 103 N.M. 526 , 710 P.2d 93, 97 (Ct.App.1985), overruled on other grounds by Silva v. State, 106 N.M. 472 , 745 P.2d 380 (1987); Gallegos v. State, 107 N.M. 349 , 758 P.2d 299, 301 (Ct.App.1987); Archibeque v. Moya, 116 N.M. 616 , 866 P.2d 344, 347 (1993). [¶ 28] In Wittkowski , two violent and psychotic inmates escaped from a New Mexico minimum security facility and crossed the border into Colorado where they killed the plaintiffs decedent during a liquor store robbery.
examined Cited as authority (rule) Upton v. Clovis Municipal School District (3×)
N.M. · 2006 · confidence medium
Id. (citing Archibeque v. Moya, 116 N.M. 616, 619 , 866 P.2d 344, 347 (1993), where this Court held that one employee's negligent performance of an administrative function, putting at risk a single individual, did not fall under the waiver of immunity). {18} Upon close analysis, we find unpersuasive the School District's attempt to draw a parallel between these cases and the Uptons' claim.
discussed Cited as authority (rule) Lopez v. Las Cruces Police Department
N.M. Ct. App. · 2006 · confidence medium
Because a governmental entity “can act only through its employees, ... the act of the offending employee is the act of the public entity under traditional tort concepts.” Silva v. State, 106 N.M. 472, 477 , 745 P.2d 380, 385 (1987), limited on other grounds by Archibeque v. Moya, 116 N.M. 616, 621 , 866 P.2d 344, 349 (1993).
examined Cited as authority (rule) Upton v. Clovis Municipal School District (3×)
N.M. · 2006 · confidence medium
Id. (citing Archibeque v. Moya, 116 N.M. 616, 619 , 866 P.2d 344, 347 (1993), where this Court held that one employee’s negligent performance of an administrative function, putting at risk a single individual, did not fall under the waiver of immunity). {18} Upon close analysis, we find unpersuasive the School District’s attempt to draw a parallel between these cases and the Up-tons’ claim.
discussed Cited as authority (rule) Oliveros v. Mitchell (2×)
10th Cir. · 2006 · confidence medium
Stat. § 41-4-1 through § 41-4-27 (1978), “shields government entities and public employees from tort liability unless immunity is specifically waived by the Act.” Archibeque v. Moya, 116 N.M. 616 , 866 P.2d 344, 346 (1993).
discussed Cited as authority (rule) Upton ex rel. the Estate of Upton v. Clovis Municipal School District
N.M. Ct. App. · 2005 · confidence medium
In Archibeque v. Moya, 116 N.M. 616, 619 , 866 P.2d 344, 347 (1993), however, our Supreme Court held that immunity was not waived when prison officials erroneously classified a single inmate. {10} These cases highlight the distinction between the creation of a dangerous condition that places the general public at risk, which results in a waiver, and negligent supervision, which does not.
discussed Cited as authority (rule) Rex, Inc. v. Manufactured Housing Committee
N.M. Ct. App. · 2003 · confidence medium
Our Supreme Court has also adopted the doctrine of offensive collateral estoppel, which may be applied “when a plaintiff seeks to foreclose the defendant from litigating an issue the defendant has previously litigated unsuccessfully regardless of whether [the] plaintiff was privy to the prior action.” Silva v. State, 106 N.M. 472, 476 , 745 P.2d 380, 384 (1987), limited on other grounds by Archibeque v. Moya, 116 N.M. 616, 618 , 866 P.2d 344, 346 (1993).
cited Cited as authority (rule) Baca v. State
N.M. Ct. App. · 1996 · signal: cf. · confidence medium
Cf. Archibeque v. Moya, 116 N.M. 616, 622 , 866 P.2d 344, 350 (1993) (Ransom, J., specially concurring). 12.
discussed Cited as authority (rule) Espinoza Ex Rel. Espinoza v. Town of Taos (2×)
N.M. · 1995 · confidence medium
However, Section 41-4-6 does not grant a waiver for claims of negligent supervision, Pemberton, 105 N.M. at 478 , 734 P.2d at 256 ; negligent design, see Rivera v. King, 108 N.M. 5, 12 , 765 P.2d 1187, 1194 (Ct.App.), cert. denied, 107 N.M. 785 , 765 P.2d 758 (1988); negligent inspection, Martinez v. Kaune, 106 N.M. 489, 491-92 , 745 P.2d 714, 716-17 (Ct.App.), cert. denied, 106 N.M. 439 , 744 P.2d 912 (1987); or negligent classification of a prison inmate, Archibeque v. Moya, 116 N.M. 616, 620 , 866 P.2d 344, 348 (1993).
discussed Cited "see" VanHorn v. Carlsbad Mun. Schs. (2×)
N.M. Ct. App. · 2024 · signal: see · confidence high
See Archibeque v. Moya, 1993- NMSC-079, ¶¶ 8, 11, 116 N.M. 616 , 866 P.2d 344 (holding that negligently performing one administrative function “associated with the operation of the corrections system” which results in “risk of harm for a single individual” does not fall under the building waiver); see also Espinoza v. Town of Taos, 1995-NMSC-070 , ¶ 14, 120 N.M. 680 , 905 P.2d 718 (concluding that Section 41-4-6 does not waive immunity for negligent supervision resulting in injuries to one child).
discussed Cited "see" Vanhorn v. Carlsbad Mun. Sch. Dist.
N.M. Ct. App. · 2024 · signal: see · confidence high
See Archibeque v. Moya, 1993-NMSC-079 , ¶¶ 8, 11, 116 N.M. 2 616, 866 P.2d 344 (holding that negligently performing one administrative function 3 “associated with the operation of the corrections system” which results in “risk of 4 harm for a single individual” does not fall under the building waiver); see also 5 Espinoza v. Town of Taos, 1995-NMSC-070 , ¶ 14, 120 N.M. 680 , 905 P.2d 718 6 (concluding that Section 41-4-6 does not waive immunity for negligent supervision 7 resulting in injuries to one child).
examined Cited "see" Avalos v. Gloria (6×)
D.N.M. · 2023 · signal: see · confidence high
See Archibeque v. Moya, 1993-NMSC-079 , 116 N.M. 616 , 866 P.2d 344 ; Callaway v. N.M.
discussed Cited "see" Vasquez v. Tafoya-Lucero
D.N.M. · 2023 · signal: see · confidence high
See Archibeque v. Moya, 866 P.2d 344, 347 (N.M. 1993) (“The ‘operation’ and ‘maintenance’ of the penitentiary premises, as these terms are used in 41-4-6, does not include the security, custody, and classification of inmates.
cited Cited "see" Stanley v. The GEO Group, Inc.
D.N.M. · 2022 · signal: see · confidence high
See Archibeque v. Moya, 866 P.2d 344, 346 (N.M. 1993).
discussed Cited "see" J v. v. Brooks (2×)
N.M. Ct. App. · 2020 · signal: see · confidence high
See Archibeque v. Moya, 1993-NMSC-079 , ¶ 8, 116 N.M. 616 , 866 P.2d 344 (explaining that immunity was not waived when a single individual was put at risk by one employee’s negligent performance of an administrative function).
discussed Cited "see" Kreutzer v. Aldo Leopold High School (2×)
N.M. Ct. App. · 2017 · signal: see · confidence high
State Fair, 1991- NMSC-031, ¶¶ 26-27, 111 N.M. 644 , 808 P.2d 614 (quoting Castillo v. Cty. of Santa Fe, 1988-NMSC-037 , ¶ 3, 107 N.M. 204 , 755 P.2d 48 ); see Archibeque v. Moya, 1993-NMSC- 079, ¶ 9, 116 N.M. 616 , 866 P.2d 344 (“A careful reading of Bober and Castillo reveals that both cases rejected reading Section 41-4-6 to limit waiver of immunity to those instances where injury occurred due to a physical defect in a building.”); see also Callaway v. N.M.
discussed Cited "see" Kreutzer v. Aldo Leopold High School (2×)
N.M. Ct. App. · 2017 · signal: see · confidence high
State Fair, 1991-NMSC-031 , ¶¶ 26-27, 111 N.M. 644 , 808 P.2d 614 (quoting 9 Castillo v. Cty. of Santa Fe, 1988-NMSC-037 , ¶ 3, 107 N.M. 204 , 755 P.2d 48 ); see 10 Archibeque v. Moya, 1993-NMSC-079 , ¶ 9, 116 N.M. 616 , 866 P.2d 344 (“A careful 11 reading of Bober and Castillo reveals that both cases rejected reading Section 41-4-6 12 to limit waiver of immunity to those instances where injury occurred due to a physical 13 defect in a building.”); see also Callaway v. N.M.
discussed Cited "see" Fraire v. Belen Consolidated Schools (2×)
N.M. Ct. App. · 2016 · signal: see · confidence high
See 6 Archibeque v. Moya, 1993-NMSC-079 , ¶ 8, 116 N.M. 616 , 866 P.2d 344 (“To read 7 Section 41-4-6 as waiving immunity for negligent performance of administrative 8 functions would be contrary to the plain language and intended purpose of the 9 statute.”).
discussed Cited "see" Lujan v. New Mexico Department of Transportation (2×)
N.M. Ct. App. · 2014 · signal: see · confidence high
See Silva v. State, 1987-NMSC-107 , ¶ 47, 106 N.M. 472 , 745 P.2d 380 (Stowers, J., dissenting) (“The phrase ‘traditional concepts of duty and the reasonably prudent person’s standard of care, . . . refers to theories of negligence.”), limited on other grounds by Archibeque v. Moya, 1993-NMSC-079 , ¶ 14, 116 N.M. 616 , 866 P.2d 344 .
discussed Cited "see" Lujan v. N.M. Dep't of Transp. (2×)
N.M. Ct. App. · 2014 · signal: see · confidence high
See Silva v. State, 1987-NMSC-107 , ¶ 47, 106 N.M. 472 , 745 P.2d 380 (Stowers, J., dissenting) (“The phrase ‘traditional concepts of duty and the reasonably prudent person’s standard of care, . . . refers to theories of negligence.”), limited on other grounds by Archibeque v. Moya, 1993-NMSC-079 , ¶ 14, 116 N.M. 616 , 866 P.2d 344 .
examined Cited "see" Hunt v. Central Consolidated School District (14×)
D.N.M. · 2013 · signal: see · confidence high
See 116 N.M. 616 , 866 P.2d 344 (1993).
discussed Cited "see" Segura v. Colombe (2×)
D.N.M. · 2012 · signal: see · confidence high
See 106 N.M. 472 , 745 P.2d 380, 385 (1987), limited on other grounds by Archibeque v. Moya, 116 N.M. 616 , 866 P.2d 344 (1993).
examined Cited "see" C.H. v. Los Lunas Schools Board of Education (14×)
D.N.M. · 2012 · signal: see · confidence high
See 116 N.M. 616 , 866 P.2d 344 (1993).
examined Cited "see" Leithead v. City of Santa Fe (6×) also: Cited "see, e.g."
N.M. Ct. App. · 1997 · signal: see · confidence high
See Archibeque, 116 N.M. at 620 , 866 P.2d at 348 .
Retrieving the full opinion text from the archive…
Chris ARCHIBEQUE, Plaintiff-Appellant,
v.
Donna MOYA, as an Individual and in Her Official Capacity, Defendant-Appellee
21359.
New Mexico Supreme Court.
Dec 15, 1993.
866 P.2d 344
Joseph P. Kennedy, Albuquerque, for plaintiff-appellant., Jeffrey L. Baker & Associates, Rosemary Dillon, Albuquerque, for defendant-appellee., Paul M. Schneider, Santa Fe, for amicus curiae Risk Management Div.
Baca, Franchini, Ransom.
Cited by 67 opinions  |  Published

Lead Opinion

OPINION

BACA, Justice.

Pursuant to NMSA 1978, Section 34-2-8 (Cum.Supp.1993) and SCRA 1986, 12-607 (Repl.Pamp.1992), we accepted the following certified question of state law from the Tenth Circuit Court of Appeals:

Does [NMSA 1978, Section 41-4-6 (Repl. Pamp.1989) ] of the New Mexico Tort Claims Act, [NMSA 1978, Sections 41-4-1 to -29 (Repl.Pamp.1989 & Cum.Supp. 1993) ], provide immunity from tort liability to an employee of the state penitentiary whose alleged negligence in releasing a prisoner into the general prison population, which included known enemies of the prisoner, resulted in the prisoner being. beaten and injured by one of his enemies?

We hold that immunity is not waived under Section 41-4-6.

I.

Plaintiff-Appellant, Chris Archibeque (“Archibeque”), a prisoner at the Central New Mexico Correction Facility, was transferred to the New Mexico State Penitentiary in Santa Fe (the “penitentiary”) on October 18, 1988. Before being released into the general prison population, Archibeque met with Defendant-Appellee Donna Moya-Martinez (“Moya-Martinez”), a prison intake officer. The purpose of this meeting was to discuss whether Archibeque had any known enemies within the general prison population. During the meeting, Archibeque told MoyaMartinez that Alex Gallegos (“Gallegos”) was one of his enemies. Moya-Martinez, without checking an available printout of current inmates, told Archibeque that Gallegos was no longer imprisoned at the penitentiary. Moya-Martinez permitted Archibeque to be released into the general prison population. That night, Archibeque was assaulted by Gallegos and several other inmates in the prison weight room.

Archibeque brought a lawsuit in federal district court against Moya-Martinez and other employees of the New Mexico Department of Corrections. Archibeque sought damages under 42 U.S.C. § 1983 (1988), for alleged civil rights violations. Archibeque also sought damages under state law, claiming that his injuries resulted from the negligent operation of the prison facilities and that Section 41-4-6 acted to waive immunity for Moya-Martinez and other corrections employees who had acted negligently.

Prior to trial, the federal district court dismissed Archibeque’s claim of negligent operation of the penitentiary. The district court interpreted Section 41-4-6 narrowly and held that the statute did not waive immunity for negligent security and custody of inmates at the penitentiary. Thereafter, Archibeque’s civil rights claims were resolved in favor of Moya-Martinez and the other corrections employees.[1] The federal district court denied Archibeque’s motion for reconsideration. Archibeque appealed, raising the question certified to this Court by the Tenth Circuit Court of Appeals.

II.

The potential tort liability of governmental entities and public employees is limited by the Tort Claims Act. See Pemberton v. Cordova, 105 N.M. 476, 477, 734 P.2d 254, 255 (Ct.App.1987). Section 41-4-4(A) provides that governmental entities and public employees acting within their scope of duty “are granted immunity from liability for any tort except as waived by Sections 41-4-5 through 41-4-12.” Thus, the Act shields governmental entities and public employees from tort liability unless immunity is specifically waived by the Act. Wittkowski v. State, 103 N.M. 526, 529, 710 P.2d 93, 96 (Ct.App.), cert. quashed, 103 N.M. 446, 708 P.2d 1047 (1985), overruled on other grounds, Silva v. State, 106 N.M. 472, 477, 745 P.2d 380, 385 (1987). At issue in this case is the interpretation of the waiver of immunity found in Section 41-4-6, the Act’s “premises liability” statute, which states in relevant part:

The immunity granted pursuant to [Section 41-4-4(A) ] does not apply to liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation or maintenance of any building, public park, machinery, equipment or furnishings.

Archibeque argues that Moya-Martinez was participating in the operation of the penitentiary when she classified Archibeque as an inmate that could safely be released into the general prison population. Archibeque contends that Moya-Martinez’s alleged negligence in misclassifying Archibeque and releasing him into the general population constituted negligent operation of the penitentiary and was effective to waive immunity under Section 41-4-6.

We do not agree with Archibeque that immunity is waived under Section 41—4— 6. In two factually similar cases, the Court of Appeals has rejected arguments that are nearly identical to Archibeque’s argument. In Wittkowski, the decedent’s personal representative and survivors sued the New Mexico State Police, the New Mexico Department of Corrections, and various prison officials after two inmates, misclassified as minimum security prisoners, escaped from a low security work project, crossed into Colorado, and killed the decedent during the robbery of a liquor store. 103 N.M. at 527-28,710 P.2d at 94-95. On appeal, following the trial court’s dismissal of the lawsuit, the plaintiffs contended that the Department’s immunity was waived under Section 41-4-6. Id. at 530, 710 P.2d at 97. The plaintiffs argued that Section 41-4-6 applied to waive immunity because the operation of the penitentiary included the security, custody, and classification of inmates, and the negligent classification of the inmates facilitated their escape and ultimately lead to decedent’s death. Id. The Court of Appeals rejected plaintiffs’ argument and interpreted Section 41-4-6 narrowly, holding that the statute did not apply to waive immunity because “the injuries alleged did not occur due to a physical defect in a building.” Id.

The Court of Appeals subsequently applied the holding of Wittkowski in Gallegos v. State, 107 N.M. 349, 758 P.2d 299 (Ct.App.1987), cert. quashed, 107 N.M. 314, 757 P.2d 370 (1988). In Gallegos, the plaintiff, a former inmate of the penitentiary, brought suit for damages resulting from injuries he sustained when other inmates assaulted him with a mop wringer. 107 N.M. at 350-51, 758 P.2d at 300-01. After the trial court granted the State’s motion for summary judgment, the plaintiff appealed, claiming that immunity was waived under Section 41-4-6 because failure to keep the mop wringer outside the inmates’ living area constituted negligent maintenance of the penitentiary. Id. at 351, 758 P.2d at 301. The Court of Appeals disagreed, and, applying the rationale of Wittkowski, held that immunity was not waived under the plain language of Section 41-4-6. Id.

We apply the rule from Wittkowski and Gallegos and hold that Moya-Martinez’s immunity is not waived by Section 41-4-6. The “operation” and “maintenance” of the penitentiary premises, as these terms are used in Section 41-4-6, does not include the security, custody, and classification of inmates. See Gallegos, 107 N.M. at 351, 758 P.2d at 301; Wittkowski, 103 N.M. at 530, 710 P.2d at 97. The purpose of Section 41-4-6 is to ensure the general public’s safety by requiring public employees to exercise reasonable care in maintaining and operating the physical premises owned and operated by the government. Castillo v. County of Santa Fe, 107 N.M. 204, 206-07, 755 P.2d 48, 50-51 (1988). Moya-Martinez was not operating and maintaining the prison’s physical premises when she negligently classified Archibeque as an inmate that could be released into the general prison population. Rather, she was performing an administrative function associated with the operation of the corrections system. Section 41-4-6 does not waive immunity when public employees negligently perform such administrative functions. To read Section 41-4-6 as waiving immunity for negligent performance of administrative functions would be contrary to the plain language and intended purpose of the statute. See State v. Riddall, 112 N.M. 78, 80, 811 P.2d 576, 578 (Ct.App.) (stating that when interpreting a statute, an appellate court is required to consider the plain meaning of the words used and the intended purpose of the statute), cert. denied, 112 N.M. 21, 810 P.2d 1241 (1991).

Citing Bober v. New Mexico State Fair, 111 N.M. 644, 808 P.2d 614 (1991) and Castillo, Archibeque argues that this Court has rejected the narrow reading of Section 41-4-6 found in Wittkowski and Gallegos in favor of a broader interpretation. Archibeque maintains that immunity must be waived under an expansive reading of Section 41-4-6. In Bober, we rejected previous narrow interpretations of Section 41-4-6 and quoted with approval the following language from Castillo: “ ‘Section 41-4-6 ... contemplate^] waiver of immunity where due to the alleged negligence of public employees an injury arises from an unsafe, dangerous, or defective condition on property owned and operated by the government____’” Bober, 111 N.M. at 653, 808 P.2d at 623 (quoting Castillo, 107 N.M. at 205, 755 P.2d at 49). A careful reading of Bober and Castillo reveals that both eases rejected reading Section 41-4-6 to limit waiver of immunity to those instances where injury occurred due to a physical defect in a building. Bober, 111 N.M. at 652-53, 808 P.2d at 622-23; Castillo, 107 N.M. at 206, 755 P.2d at 50. Bober and Castillo favored an interpretation of Section 41-4-6 that permitted waiver of immunity when injury was caused by a dangerous or defective condition on the property surrounding a public building, as well as for injuries caused by defects and dangerous conditions in the building itself. See Bober, 111 N.M. at 653, 808 P.2d at 623; Castillo, 107 N.M. at 206, 755 P.2d at 50. Notwithstanding, Bober and Castillo left intact the rule that the security, custody, and classification of inmates does not comprise the “operation” and “maintenance” of penitentiary premises. While Bober and Castillo support a broader reading of Section 41-4-6 by expanding the definition of “building,” neither case supports the argument that Moya-Martinez’s immunity must be waived for her alleged negligence in classifying Archibeque as an inmate suitable for release into the general prison population.

Archibeque also claims that immunity should be waived under Section 41-4-6 because his case is factually analogous to Castillo. In Castillo, a three-year-old boy was severely bitten by a dog roaming loose on the grounds of a housing project owned and operated by County of Santa Fe. 107 N.M. at 205, 755 P.2d at 49. The trial court dismissed a lawsuit brought by the child’s mother against the County and County officials, concluding that the governmental entities and employees were immune from suit under the Tort Claims Act. Id. The Court of Appeals affirmed. Id. We reversed as to the County Housing Authority, noting that the Housing Authority had a duty to maintain the premises in a safe condition and, under the allegations in Castillo’s complaint, appeared to be aware of a continuing dangerous problem with loose-running dogs. Id. at 206-07, 755 P.2d at 50-51.

Archibeque argues that his enemy, Gallegos, was like the loose-running dog in Castillo, and that the prison in essence failed to maintain the premises in a safe condition by releasing him into the general population with Gallegos present among the inmates. Archibeque’s argument ignores an essential aspect of the decision in Castillo that distinguishes Castillo from the instant ease. In Castillo, we noted that loose-running dogs presented an unsafe condition upon the land as to residents and invitees on the premises. See id. at 207, 755 P.2d at 51. The roaming dogs in Castillo presented an unsafe condition for the public generally, or at least that portion of the public residing in or invited to the housing project. In Castillo, waiving immunity under Section 41-4-6 was appropriate in light of the statute’s purpose to ensure the safety of the general public. No similar situation presents itself in the case at bar. While Moya-Martinez’s misclassification of Archibeque put him at risk, the negligence did not create an unsafe condition on the prison premises as to the general prison population. Reading Section 41-4-6 to waive immunity every time a public employee’s negligence creates a risk of harm for a single individual would subvert the purpose of the Tort Claims Act, which recognizes that government, acting for the public good, “should not have the duty to do everything that might be done,” and limits government liability accordingly. See Section 41-4-2(A); Gallegos, 107 N.M. at 351, 758 P.2d at 301. We reject Archibeque’s argument that his case is analogous to Castillo.

Finally, Archibeque argues that Silva is closely analogous to his case and supports his argument that immunity should be waived under Section 41-4-6. In Silva, an inmate with serious psychiatric problems committed suicide while incarcerated at a Corrections Department facility. 106 N.M. at 473, 745 P.2d at 381. Plaintiffs brought a wrongful death action, alleging that the negligent failure to provide Silva with special care for his condition caused his death. Id. The trial court dismissed the lawsuit against the Secretary of Corrections and other state defendants and the Court of Appeals affirmed. Id. We reversed, holding that the trial court erred by concluding that several statutory waivers of immunity were inapplicable as a matter of law to acts or omissions committed by the Secretary of Corrections while acting within the scope of his duties. Id. at 477, 745 P.2d at 385.

We conclude that Silva provides no generally applicable principle pertaining to the interpretation of Section 41-4-6 and, therefore, does not support Arehibeque’s argument that immunity is waived under the facts of this case. At issue in Silva was whether the Secretary of Corrections waived immunity under the Tort Claims Act by failing to staff, train, and provide prison health care facilities that would have provided Silva with treatment and oversight for a severe mental disorder characterized by depression and suicidal ideation.[2] Id. at 473-74, 745 P.2d at 381-82. We noted that the Secretary’s immunity might be waived under one or more of three provisions of the Tort Claims Act: Section 41-4-6, Section 41-4-9 (immunity waived for negligent operation of any hospital, infirmary, mental institution, clinic dispensary, medical care home, or similar facilities) or Section 41-4-10 (immunity waived for negligent provision of health care services). Id. at 477-78, 745 P.2d at 385-86. We then required the' finder of fact to determine whether the Secretary breached duties related to any one of the three waiver provisions listed above following further factual development at trial. Id. at 478, 745 P.2d at 386.

Nowhere in Silva did we determine that the Secretary’s actions waived immunity under Section 41-4-6 or interpret Section 41-4-6 to waive immunity under circumstances like those presented in the ease at bar. To read Silva as a case of general applicability, standing for the proposition that Section 41-4-6 waives immunity whenever injury results from a negligently per-' formed administrative task affecting a single inmate, would again ignore the express language and purpose of Section 41-4-6. Moreover, to read Silva as applying generally to cases like the instant case would undermine the purpose of the Tort Claims Act by subjecting the State to liability for virtually any mistake made during the administration of corrections facilities that results in injury to an inmate.[3] See Gallegos, 107 N.M. at 351, 758 P.2d at 301. We hold that Silva must be limited to its specific facts. Consequently, Silva does not control the outcome of the instant case. In conclusion, we answer the-Tenth Circuit’s certified question by holding that Moya-Martinez’s immunity is not waived under Section 41-4-6.

IT IS SO ORDERED.

FRANCHINI, J., concurs. RANSOM, C.J., specially concurs.
1

All of the corrections employees were granted summary judgment before trial except for MoyaMartinez. The case proceeded to trial against Moya-Martinez on Archibeque's civil rights claims. After a bench trial, the federal district court found that Moya-Martinez was not indifferent to Archibeque's rights and dismissed all claims against her.

2

In Silva, the federal district court found that the Secretary and other corrections personnel had “failed to operate by standards and procedures required by the [Duran] [C]onsent [D]ecree.” Id. at 473, 745 P.2d at 381.

3

Even if Silva could be read as holding that the Secretary’s immunity was waived under Section 41-4-6, it would be factually distinguishable from the instant case for the same reason that Castillo is distinguishable. By failing to adhere to the standards required by the Duran Consent Decree, the Secretary of Corrections in Silva created a risk of harm to the general prison population, or at least that segment of the population in need of specialized mental health care and corresponding supervision. While a segment of the population at risk might justify waiver of immunity under Section 41-4-6, a situation in which a single inmate is put at risk is not comparable.

Concurrence

RANSOM, Chief Justice

(specially concurring).

I concur specially to voice my concern with the majority’s statement that: “Reading Section 41-4-6 to waive immunity every time a public employee’s negligence creates a risk of harm for a single individual would subvert the purpose of the Tort Claims Act, which recognizes that government, acting for the public good, ‘should not have the duty to do everything that might be done,’ and limits government liability accordingly.” I am certain that if the operation or maintenance of a public building were to give rise to an unreasonable risk of harm for even a single individual, the immunity granted pursuant to the Act would not apply.

I concur because there was no showing that the general prison population reflected anything but the reasonable and expected risks of prison life. The classification of Archibeque did not change the condition of the premises. I see Archibeque’s injuries as having been proximately caused by a discrete administrative decision. As an alternative to releasing Archibeque into the general population, he could have been placed in administrative segregation, a form of protective custody. The risk arose not from a condition of the premises (as with the wild dogs in Castillo or, arguably, the inadequate health care facilities in Silva); it arose from the classification itself.

Also, I believe the “physical defect” basis for the decisions in Wittkowski and Gallegos is too narrow. I would not readily be persuaded that a general condition of unreasonable risk from negligent security practices falls outside “operation of a building” in the context of a corrections facility. To focus on words such as “security, custody, and classification” does not aid the analysis. The focus must be on the unreasonable risk of injury arising from operation and maintenance of the premises, in which case there is waiver of immunity, as compared to an administrative act such as the classification of an inmate who is thereby put at risk on premises that are operated and maintained without risk beyond that which is reasonable and expected in prison life. Here, it is telling that Archibeque did not argue that his assailant should have been removed from the general prison population, but only that Archibeque himself should have been placed in administrative segregation.