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M.D.R. v. STATE EX REL. HUMAN SERV. DEPT.

No. 12679.

836 P.2d 106 (1992)

114 N.M. 187

M.D.R. and K.L.R., individually and as Next Friends of M.R., S.R., and J.R., minors, Plaintiffs-Appellants, v. STATE of New Mexico ex rel. HUMAN SERVICES DEPARTMENT, Defendant-Appellee.

Court of Appeals of New Mexico.

July 10, 1992.

Attorney(s) appearing for the Case

Edward L. Hand, John F. Schaber, P.A., Deming, for plaintiffs-appellants.

David McNeill, Jr., Thomas A. Sandenaw, Jr., Weinbrenner, Richards, Paulowsky, Sandenaw & Ramirez, P.A., Las Cruces, for defendant-appellee.

OPINION

BLACK, Judge.

Plaintiffs filed suit against the State of New Mexico, Department of Human Services (the Department), under the Tort Claims Act. NMSA 1978, §§ 41-4-1 to -27 (Repl.Pamp. 1989) (the Act). The district court dismissed the complaint on the basis of governmental immunity. While the complaint alleges deplorable conduct by the Department, the Act does not waive the State's immunity from tort liability under the circumstances of this...

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