BISHOP v. JOHN DOE 1

No. 89-2154.

902 F.2d 809 (1990)

Stephen BISHOP, Plaintiff-Appellant, v. JOHN DOE 1, public employee who installed the black pipe speed bag frame at the north facility in the 3B exercise pens attached to the x-pod wall; John Doe 2, public employee whose scope of duties was to inspect, repair or cause to be repaired the black pipe speed bag frame; John Doe 3, public employee who authorized the installation of the black spped bag frame in the 3B exercise pen attached to the x-pod wall; John Doe 4, public employee whose scope of duties was to inspect the building containing x-pod and to repair or cause to be repaired any deficiency in said building; and the New Mexico Department of Corrections, as a state agency and governmental entity who at all times is responsible for the designation of the scope of duties to its employees for the installation, inspection, repair for buildings and equipment under its control and management, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 4, 1990.


Attorney(s) appearing for the Case

Stephen Bishop, pro se.

Defendants-appellees elected not to appear.

Before LOGAN, SEYMOUR and BALDOCK, Circuit Judges.


BALDOCK, Circuit Judge.

Plaintiff-appellant, Stephen Bishop, instituted this diversity action under 28 U.S.C. § 1332 in the New Mexico federal district court, purporting to allege a cause of action under the New Mexico Tort Claims Act, N.M.Stat.Ann. §§ 41-4-1 to 41-4-29 (Repl.Pamp.1989). According to his complaint, Bishop, while in the custody of the New Mexico Department of Corrections, was exercising with an improperly installed and maintained "speed...

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