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WELLS v. COUNTY OF VALENCIA

No. 13856.

644 P.2d 517 (1982)

98 N.M. 3

Abe WELLS, Plaintiff, v. COUNTY OF VALENCIA, Bill Holliday, Allan Otts Lamm, Gregg Lyons and Joe Doe I, II, III, IV and V, Defendants.

Supreme Court of New Mexico.

Rehearing Denied May 7, 1982.

Attorney(s) appearing for the Case

Lawrence P. Zamzok, Davis & Dempsey, Philip B. Davis, Albuquerque, for plaintiff,

Keleher & McLeod, Henry Narvaez, Albuquerque, for defendants.

New Mexico Trial Lawyers Ass'n, Leof T. Strand, Albuquerque, Jeff Bingaman, Atty. Gen., John W. Cassell, Sp. Asst. Atty. Gen., Santa Fe, George R. "Pat" Bryan, III, City Atty., Timothy V. Flynn-O'Brien, Asst. City Atty., Albuquerque, for amici curiae.

OPINION

SOSA, Senior Justice.

Plaintiff filed suit in federal district court, alleging that he was placed alone in a completely dark cell with an unprotected hole in the center of the cell floor, and that he tripped in the hole and sustained severe and permanent neurological injuries. The suit was filed for damages under 42 U.S.C. § 1983 (1976) for cruel and unusual punishment in violation of U.S.Const. amend. VIII, and for damages for personal injury...

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