DOE v. HENDRICKS

No. 3391.

590 P.2d 647 (1979)

92 N.M. 499

John DOE and Mary Doe as parents and next friend of Jason Doe, a minor, Plaintiffs-Appellants, v. J.R. "Popeye" HENDRICKS, Individually, and as Chief of Police of the City of Clayton Police Department and the City of Clayton, New Mexico, an Incorporated Municipality, Defendants-Appellees.

Court of Appeals of New Mexico.

January 18, 1979.


Attorney(s) appearing for the Case

Peter Mallery, Stephen Durkovich, Anne Kass, Albuquerque, for plaintiffs-appellants.

Paul L. Butt, Albuquerque, J.W. Anderson, Tucumcari, Alvin F. Jones, Clayton, for defendants-appellees.


OPINION

SUTIN, Judge.

This case arises from a summary judgment granted to defendants, the City of Clayton, New Mexico, its Chief of Police and its Police Department. The district court found no genuine issue of material fact as to the duty owed by the Clayton police to plaintiff, a small boy who suffered a sexual assault. We affirm.

On returning home from school at 3:40 p.m. in May of 1975, the victim, aged...

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