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HERNANDEZ v. PARKER

No. A-1-CA-38635.

508 P.3d 947 (2022)

2022-NMCA-023

Elsa HERNANDEZ, as Personal Representative of the Wrongful Death Claim of Irisema Hernandez, Deceased, Plaintiff-Appellant, v. Malin PARKER, individually, Roosevelt County Sheriff's Department, and Roosevelt County Board of County Commissioners, Defendants-Appellees.

Court of Appeals of New Mexico.

Filing Date: February 1, 2022.

Attorney(s) appearing for the Case

Eric D. Dixon , Portales, NM, for Appellant.

Macke Law & Policy, LLC, Daniel J. Macke , Albuquerque, NM, for Appellees.

OPINION

{1} In this appeal, we are asked to consider whether collateral estoppel precludes state court litigation arising under the New Mexico Tort Claims Act, NMSA 1978, §§ 41-4-1 to -27 (1976, as amended through 2020) (TCA), when a federal district court has dismissed 42 U.S.C. § 1983 claims because...

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