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BAPTISTE v. CITY OF LAS CRUCES

No. 13206.

848 P.2d 1105 (1993)

115 N.M. 178

Jason BAPTISTE, Plaintiff-Appellant, v. CITY OF LAS CRUCES and Elizabeth Carver, Defendants-Appellees.

Court of Appeals of New Mexico.

February 10, 1993.

Attorney(s) appearing for the Case

Mario A. Esparza, Las Cruces, for plaintiff-appellant.

Robert Kelley, Wendell Mark Sims, Las Cruces, for defendants-appellees.

OPINION

HARTZ, Judge.

Pursuant to the New Mexico Tort Claims Act, NMSA 1978, §§ 41-4-1 to -4-29 (Repl.Pamp. 1989), Plaintiff sued the City of Las Cruces and its animal control officer (ACO), Elizabeth Carver, for false imprisonment and false arrest allegedly resulting from the issuance of a citation by Carver. The Defendants sought dismissal of the charge on several grounds, including failure to state a claim upon which relief can be granted...

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