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WITTKOWSKI v. STATE, CORRECTIONS DEPT.

No. 7939.

710 P.2d 93 (1985)

103 N.M. 526

Carla J. WITTKOWSKI, Individually and as Personal Representative of the Estate of Roland H. Wittkowski, Deceased, and as wife and surviving spouse of Ronald H. Wittkowski, deceased, and as Guardian and Next Friend of Christopher Allyn Wittkowski, a minor, and of Gretchen Roswitha Wittkowski, a minor, plaintiffs-appellants, v. STATE Of New Mexico, CORRECTIONS DEPARTMENT OF STATE OF NEW MEXICO; Roger W. Crist, Individually and as Secretary of Corrections; Harvey Winans, Individually and as Warden of the Penitentiary of New Mexico; and New Mexico State Police, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Quashed November 14, 1985.

Attorney(s) appearing for the Case

Daniel J. Crothers, Michael R. Morow, Kegel, Glass, McDevitt & Morow, Santa Fe, for plaintiffs-appellants.

Wayne C. Wolf, Civerolo, Hansen & Wolf, P.A., Albuquerque, for defendant-appellee State of N.M.

Kenneth L. Harrigan, Todd R. Braggins, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, for defendants-appellees Corrections Dept. and Roger W. Crist.

Robert McCorkle, Patrick M. Shay, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendant-appellee Harvey Winans.

Rebecca A. Houston, Keleher & McLeod, P.A., Albuquerque, for defendant-appellee New Mexico State Police.

OPINION

NEAL, Judge.

The personal representative and survivors of Roland H. Wittkowski brought suit for wrongful death, seeking compensatory and punitive damages against defendants under the New Mexico Tort Claims Act and the Federal Civil Rights Act. The district court granted defendants' NMSA 1978, Civ. P.Rule 12(b)(6) (Repl.Pamp. 1980) motions to dismiss.

Because the case comes to the court following the granting of the Rule 12(b)(6) motion, we...

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