Topic: knew or should have known that roaming gang members with a … · Go Syfert
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Topic #12926

6 canonical passages across 4 cases, quoted by 30 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Callaway v. NM DEPT. OF CORRECTIONS.

#Case FlagCanonical passage Citers
1 Callaway v. NM DEPT. OF CORRECTIONS Anchor
nmctapp · 1994
green “knew or should have known that roaming gang members with a known propensity for violence had access to potential weapons in the recreation area, that such gang members created a dangerous condition on the premises of the penitentiary, and that the danger to other inmates was for…” 7
2 Espinoza Ex Rel. Espinoza v. Town of Taos
nm · 1995
green “the reference to the 'general public' in espinoza does not mean a condition that must be dangerous to the entire public, but rather, at least potentially, to the particular class of people that use the building or facility in question.” 5
3 Archibeque v. Moya
nm · 1993
green “does not include the security, custody, and classification of inmates” 5
4 Archibeque v. Moya
nm · 1993
green “performing an administrative function associated with the operation of the corrections system.” 5
5 Upton v. Clovis Municipal School District
nm · 2006
green “the key point in espinoza is that the negligence must be of a kind which makes the premises dangerous, or potentially so, to the affected public, the consumers of the service or the users of the building, including the plaintiff.” 5
6 Archibeque v. Moya
nm · 1993
green “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.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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