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DOE v. CITY OF ALBUQUERQUE

No. 4213.

631 P.2d 728 (1981)

John DOE, Plaintiff-Appellee, v. The CITY of Albuquerque, Defendant-Appellant. Christopher HOOTON, Plaintiff-Appellee, v. The CITY OF ALBUQUERQUE, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing denied May 4, 1981.

Attorney(s) appearing for the Case

Steven H. Schiff, City Atty., Albuquerque, for defendant-appellant.

Ray M. Vargas, Albuquerque, for plaintiff-appellee Doe.

Dan A. McKinnon, III, Marron & McKinnon, Albuquerque, for plaintiff-appellee Hooton.

OPINION

WALTERS, Judge.

The majority of a panel of the Court of Appeals (Walters, J., dissenting) previously held in this case that § 41-4-12 of the Tort Claims Act, N.M.S.A. 1978, prohibited recovery by injured jail inmates against negligent city law enforcement officers. The Supreme Court reversed, declaring that the governmental entity and its law enforcement officers, the city jailers, were not immune from suit for personal or bodily injury caused...

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