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METHOLA v. COUNTY OF EDDY

Nos. 13188, 13227 and 13228.

622 P.2d 234 (1980)

Mary METHOLA, guardian of the Person and estate of Guadalupe Hernandez, an incompetent person, Petitioner, v. COUNTY OF EDDY, New Mexico, Leroy Payne, Sheriff, Louie Granger, Simon Martinez, Jose Gutierrez and Alonzo Onsurez, Respondents. Christopher HOOTON, Petitioner, v. CITY OF ALBUQUERQUE, Respondent. John DOE, Petitioner, v. CITY OF ALBUQUERQUE, Respondent.

Supreme Court of New Mexico.

Rehearing Denied January 30, 1981.

Attorney(s) appearing for the Case

Edward E. Triviz and Glenn B. Neumeyer, Las Cruces, for petitioner Methola.

Marron & McKinnon, Dan A. McKinnon III, Albuquerque, for petitioner Hooton.

Ray M. Vargas, Albuquerque, for petitioner Doe.

McCormick & Forbes, Roger E. Yarbro, Carlsbad, Thomas A. Rutledge and Joseph E. Gant, III, Carlslbad, for respondents County of Eddy, Leroy Payne, Sheriff Louie Granger, Simon Martinez, Jose Gutierrez, Alonzo Onsurez.

Pat Bryan, City Atty., Steven Schiff, Asst. City Atty., Keleher & McLeod, Arthur O. Beach, Robert. H. Clark, Phil Krehbiel, Sp. Asst. Attys. Gen., Albuquerque, for respondent City of Albuquerque.

OPINION

FEDERICI, Justice.

There are three cases on appeal which have been consolidated for determination and opinion by this Court.

CASE I.

Hernandez was arrested by the Carlsbad City Police on July 1, 1976, and taken to the Eddy County jail. On the night of July 5, he was beaten unconscious by fellow inmates in a loud fight which lasted at least one and a half hours. No jailer came at any time during the fight. He remained unconscious...

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