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SCHEAR v. BOARD OF COUNTY COM'RS

No. 15324.

687 P.2d 728 (1984)

101 N.M. 671

Susanne M. SCHEAR, Petitioner-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF BERNALILLO, and James Jimerson, Bernalillo County Sheriff, Respondents-Appellees.

Supreme Court of New Mexico.

Rehearing Denied September 12, 1984.

Attorney(s) appearing for the Case

Joseph M. Fine, Parham & Fine, P.A., Albuquerque, for petitioner.

Karen C. Kennedy, Shaffer, Butt, Thornton & Baehr, P.C., Albuquerque, for respondents.

William G. Gilstrap, P.C. New Mexico Trial Lawyers Assoc., Albuquerque, amicus curiae.

OPINION

WALTERS, Justice.

The Court of Appeals upheld the trial court's dismissal of petitioner's complaint on the basis of her failure to state a claim upon which relief may be granted. The complaint had alleged that respondents' agents did not respond to a call reporting a crime in progress and requesting assistance, and that petitioner suffered a brutal rape and torture as a result of the agents' inaction. We granted certiorari and now reverse the dismissal...

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