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RIVERA v. KING

No. 10022.

765 P.2d 1187 (1988)

108 N.M. 5

Debble Gail RIVERA, Personal Representative of the Estate of Robert Lee Rivera, Deceased, Plaintiff-Appellant, v. Bruce KING, Governor of the State of ewW Mexico; Felix Rodriguez, Secretary of Corrections & Criminal Rehabilitation; Jerry Griffin, Warden of the Penitentiary of the State of New Mexico; Greg Roybal; Jose Anaya; Michael Schmitt; and New Mexico Department of Corrections, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied November 18, 1988.

Certiorari Denied November 21, 1988.

Attorney(s) appearing for the Case

Jon T. Kwako, Albuquerque, for plaintiff-appellant.

Wayne C. Wolf, W.J. Wilson, Jr., Civerolo, Hansen & Wolf, P.A., Albuquerque, for defendants-appellees, Bruce King and State of N.M.

Douglas A. Baker, Timothy R. Van Valen, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, for defendants-appellees, Felix Rodriguez and the Corrections and Criminal Rehabilitation Dept.

Patrick M. Shay, Andrew G. Schultz, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendants-appellees, Jerry Griffin, Greg Roybal, Jose Anaya and Michael Schmitt.

OPINION

BIVINS, Judge.

Plaintiff Debbie Gail Rivera appeals from orders of the trial court dismissing her claims against defendants for damages for the death of her spouse, Robert Lee Rivera, who was tortured to death by other inmates during the riot of February 1980 at the penitentiary of New Mexico. For the reasons discussed below, we affirm in part and reverse in part.

1. Timeliness of the Appeal as to Issues Concerning the State of...

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