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ARCHIBEQUE v. MOYA

No. 21359.

866 P.2d 344 (1993)

116 N.M. 616

Chris ARCHIBEQUE, Plaintiff-Appellant, v. Donna MOYA, as an individual and in her official capacity, Defendant-Appellee.

Supreme Court of New Mexico.

December 15, 1993.

Attorney(s) appearing for the Case

Joseph P. Kennedy, Albuquerque, for plaintiff-appellant.

Jeffrey L. Baker & Associates, Rosemary Dillon, Albuquerque, for defendant-appellee.

Paul M. Schneider, Santa Fe, for amicus curiae Risk Management Div.

OPINION

BACA, Justice.

Pursuant to NMSA 1978, Section 34-2-8 (Cum.Supp. 1993) and SCRA 1986, 12-607 (Repl.Pamp. 1992), we accepted the following certified question of state law from the Tenth Circuit Court of Appeals:

Does [NMSA 1978, Section 41-4-6 (Repl. Pamp. 1989)] of the New Mexico Tort Claims Act, [NMSA 1978, Sections 41-4-1 to -29 (Repl.Pamp. 1989 & Cum.Supp. 1993)], provide immunity from tort liability to an employee of the state...

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