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ALBUQUERQUE COMMONS P'SHIP v. CITY COUNCIL

No. 31,724.

248 P.3d 856 (2011)

2011-NMSC-002

ALBUQUERQUE COMMONS PARTNERSHIP, Plaintiff-Petitioner, v. CITY COUNCIL OF the CITY OF ALBUQUERQUE, Defendant-Respondent.

Supreme Court of New Mexico.

January 3, 2011.

Attorney(s) appearing for the Case

Mettler & LeCuyer, P.C., Stephen T. LeCuyer , Timothy V. Flynn-O'Brien , Philip B. Davis , Bryan Law Firm, George R. Bryan, III , Albuquerque, NM, for Petitioner.

Robert M. White , Mark Andrew Hirsch , Lorenz Law, Alice Tomlinson Lorenz , Albuquerque, NM, for Respondent.

Law Offices of Jane B. Yohalem, Jane B. Yohalem , Santa Fe, NM, Law Office of William E. Snead, William E. Snead , Albuquerque, NM, for Amicus Curiae New Mexico Trial Lawyers Association.

OPINION

MAES, Justice.

{1} The issue presented in this appeal is whether NMSA 1978, Section 56-8-4(D) (2004), bars an award of post-judgment interest against the state and its political subdivisions when a plaintiff successfully establishes the deprivation of a federally protected constitutional right in violation of 42 U.S.C. § 1983 (2006) (Section 1983). If post-judgment interest is not barred, we must determine whether federal law or...

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