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LOYA v. GUTIERREZ

No. 32,405.

319 P.3d 656 (2013)

2014-NMCA-028

Jose Luis LOYA, Plaintiff, v. Glen GUTIERREZ, Commissioned Officer of Santa Fe County, Defendant/Third-Party Plaintiff-Appellant, v. County of Santa Fe, Third-Party Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, February 7, 2014, No. 34,447.

Attorney(s) appearing for the Case

Ray A. Padilla , Ray A. Padilla, P.C., Albuquerque, NM, for Appellant.

Michael Dickman , Law Office of Michael Dickman, Santa Fe, NM, for Appellee.

OPINION

VANZI, Judge.

{1} In this case, the issue before us is whether the County of Santa Fe (the County) has a duty to defend or indemnify a tribal police officer who, while exercising his authority as a commissioned County sheriff's deputy, unlawfully arrested a non-Indian person within the exterior boundaries of the Pueblo of Pojoaque (the Pueblo). The district court concluded that the County did not have a duty to defend and/or indemnify...

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