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ORTIZ v. NEW MEXICO STATE POLICE

No. 12707.

814 P.2d 117 (1991)

112 N.M. 249

John E. ORTIZ, Plaintiff-Appellee, v. NEW MEXICO STATE POLICE; Gerald E. Anderson, II, individually and in his official capacity; Richard Madrid, individually and in his official capacity; Harold P. Zuni, individually and in his official capacity; Neil Curran, individually and in his official capacity; Joe Tarazon, individually and in his official capacity; Defendants-Appellants, Robert Seeds, d/b/a Robert Seeds Towing Service, Defendant.

Court of Appeals of New Mexico.

Certiorari Granted May 2, 1991.

Attorney(s) appearing for the Case

Mariana G. Geer, Carol J. Ritchie, Felker & Ish, P.A., Santa Fe, for defendants-appellants.

William S. Keller, Richard Rosenstock, Santa Fe, for plaintiff-appellee.

OPINION

HARTZ, Judge.

We granted this interlocutory appeal to consider whether the New Mexico Tort Claims Act provides immunity to law enforcement officers whose negligent supervision and training of their subordinates proximately causes the commission by those subordinates of the torts of assault, battery, false arrest, and malicious prosecution. We hold that it does not.

BACKGROUND

This case comes before us on a motion to dismiss for...

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