Tort Claims Act waives immunity (New Mexico) · Go Syfert
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Tort Claims Act waives immunity in New Mexico

8 New Mexico opinions name it 2 courts 1988–2007 0 in the last five years

The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
California First Bank v. Stategreen
nm · 1990 · cited in 2 New Mexico opinions naming this issue, 2006–2007
2 sentences

2007See Cal. First Bank, 111 N.M. at 74-75 , 801 P.2d at 656-57 .

2007See Cal. First Bank, 111 N.M. at 74-75 , 801 P.2d at 656-57 .

22
Bober v. New Mexico State Fairgreen
nm · 1991 · cited in 2 New Mexico opinions naming this issue, 1995–1997
2 sentences

1997Although the classification may be “premises liability,” as the Supreme Court explained in Bober v. New Mexico State Fair, 111 N.M. 644, 652-53 , 808 P.2d 614, 622-23 (1991), the waiver of immunity is not limited to a physical defect in a building or park.

1997Although the classification may be “premises liability,” as the Supreme Court explained in Bober v. New Mexico State Fair, 111 N.M. 644, 652-53 , 808 P.2d 614, 622-23 (1991), the waiver of immunity is not limited to a physical defect in a building or park.

12
Mitchell v. Forsythgreen
scotus · 1985 · cited in 1 New Mexico opinions naming this issue, 1999–1999
2 sentences

1999See Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985); Williams v. Board of County Comm’rs, 1998-NMCA-090, ¶ 22 , 125 N.M. 445 , 963 P.2d 522 . {23} We further note that qualified immunity “is an immunity from suit rather than a mere defense to liability.” Mitchell, 472 U.S. at 526 , 105 S.Ct. 2806 .

1999See Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985); Williams v. Board of County Comm’rs, 1998-NMCA-090, ¶ 22 , 125 N.M. 445 , 963 P.2d 522 . {23} We further note that qualified immunity “is an immunity from suit rather than a mere defense to liability.” Mitchell, 472 U.S. at 526 , 105 S.Ct. 2806 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Williams v. Board of County Commissioners green
nmctapp · 1998
2 sentences

1999See Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985); Williams v. Board of County Comm’rs, 1998-NMCA-090, ¶ 22 , 125 N.M. 445 , 963 P.2d 522 . {23} We further note that qualified immunity “is an immunity from suit rather than a mere defense to liability.” Mitchell, 472 U.S. at 526 , 105 S.Ct. 2806 .

1999See Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985); Williams v. Board of County Comm’rs, 1998-NMCA-090, ¶ 22 , 125 N.M. 445 , 963 P.2d 522 . {23} We further note that qualified immunity “is an immunity from suit rather than a mere defense to liability.” Mitchell, 472 U.S. at 526 , 105 S.Ct. 2806 .

11999–1999
Owens Ex Rel. Owens v. Leavitts Freight Service, Inc. green
nmctapp · 1987
1 sentence

1991Section 41-4-5 of the Tort Claims Act waives immunity for damages caused by negligent public employees “while acting within the scope of their duties in the operation or maintenance of any motor vehicle[.]” We affirmed the immunity of the board of education, stating, “The design, planning and enforcement of safety rules for school bus transportation do not fall within the meaning of ‘operation’ of a motor vehicle.” Id. at 515, 745 P.2d at 1168 .

11991–1991
Methola v. County of Eddy green
nm · 1980
2 sentences

1990In Methola we held that the custodial relationship between a jailer and an inmate supported a common-law duty of care upon which an injured inmate could base a negligence claim for the jailer’s alleged failure to prevent other inmates from committing a battery. 95 N.M. at 333 , 622 P.2d at 238 .

1990In Methola we held that the custodial relationship between a jailer and an inmate supported a common-law duty of care upon which an injured inmate could base a negligence claim for the jailer’s alleged failure to prevent other inmates from committing a battery. 95 N.M. at 333 , 622 P.2d at 238 .

11990–1990
Wittkowski Ex Rel. Wittkowski v. State, Corrections Department green
nmctapp · 1985
2 sentences

1988Gallegos v. State; Wittkowski v. State, 103 N.M. 526 , 710 P.2d 93 (Ct.App.1985), overruled on other grounds, Silva v. State.

1988Gallegos v. State; Wittkowski v. State, 103 N.M. 526 , 710 P.2d 93 (Ct.App.1985), overruled on other grounds, Silva v. State.

11988–1988

Statutes the citing opinions construe

NM § N.M. Stat. § 41-4-1 (6) USC § 42u.s.c.1983 (5) NM § N.M. Stat. § 41-4-4 (4) NM § N.M. Stat. § 29-1-1 (3) NM § N.M. Stat. § 41-4-2 (3) NM § N.M. Stat. § 41-4-6 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 47 (1995–2025) NM 8 (1988–2007) SC 3 (2002–2022) VT 3 (2007–2007) GA 2 (2014–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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