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CALLAWAY v. N.M. DEPT. OF CORRECTIONS

No. 14525.

875 P.2d 393 (1994)

117 N.M. 636

Danny CALLAWAY, Plaintiff-Appellant, v. NEW MEXICO DEPARTMENT OF CORRECTIONS, Warden Robert Tansy, Elmer Bustos, Deputy Warden Lawrence Hicks, Deputy Warden Virgil Garcia, Major Wilfred Romero, Captain Ruben Vigil, Captain Leyba, Recreation Officer Hoak, and Recreation Officer Evelyn Gearhart, in their individual capacities, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied May 17, 1994.

Attorney(s) appearing for the Case

Elizabeth E. Simpson, Tomita & Simpson, P.C., Albuquerque, for plaintiff-appellant.

Richard C. Bosson and Brian E. Fitzgerald, Bosson & Canepa, P.A., Santa Fe, for defendants-appellees.

OPINION

FLORES, Judge.

Plaintiff appeals the trial court's dismissal of his claims under the Tort Claims Act. Plaintiff raises the following issues on appeal: whether the trial court erred in finding that (1) Defendants had not been given timely notice of claims pursuant to NMSA 1978, Section 41-4-16(B) (Repl.Pamp.1989); (2) Plaintiff had failed to state a claim against a law enforcement officer pursuant...

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