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SANDERS v. MONTOYA

No. 19,465.

982 P.2d 1064 (1999)

127 N.M. 465

1999-NMCA-079

Rose SANDERS, Plaintiff-Appellant, v. Michael MONTOYA, In his Individual and official capacities, Defendant-Appellee.

Court of Appeals of New Mexico.

May 19, 1999.

Attorney(s) appearing for the Case

Vernon W. Salvador, Albuquerque, NM, for Appellant.

Judith C. Herrera, Eugene I. Zamora, Herrera, Long & Pound, P.A., Santa Fe, for Appellee.

OPINION

HARTZ, Judge.

{1} Michael Montoya, the State Treasurer at the time, fired Rose Sanders from the position of liaison officer. Sanders sued Montoya under 42 U.S.C. § 1983 (1994) for violation of her rights under the United States Constitution, claiming that she was fired for political reasons. Montoya moved for summary judgment. Although he testified that he fired her for incompetence, he contended that he should prevail even if the firing...

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