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DeVARGAS v. STATE EX REL. N.M. DEPT OF CORR.

No. 5062.

640 P.2d 1327 (1981)

97 N.M. 450

Antonio "Ike" DeVARGAS, Plaintiff-Appellee, v. STATE of New Mexico, ex rel. New MEXICO DEPARTMENT OF CORRECTIONS, Clyde O. Malley, Edwin T. Mahr, Michael Hanrahan, John Does 1 through 10, Defendants-Appellants.

Court of Appeals of New Mexico.

Rehearing Denied October 20, 1981.

Attorney(s) appearing for the Case

Mark C. Meiering, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendants-appellants.

Robert Sena, Santa Fe, Richard Rosenstock, Chama, Pickard & Singleton, Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Judge.

The incident on which the original complaint was based occurred on September 21, 1976. The incident, according to plaintiff, was a beating he received by employees of the Department of Corrections (named as John Doe defendants), while plaintiff was incarcerated at the penitentiary. The original complaint was filed July 6, 1977. The amended complaint was filed approximately August 5, 1980 (the district court filing stamp cannot be read...

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