[DOWNLOAD] "Baptiste v. City of Las Cruces" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Baptiste v. City of Las Cruces
- Author : New Mexico Court of Appeals
- Release Date : January 10, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Pursuant to the New Mexico Tort Claims Act, NMSA 1978, §§ 41-4-1 to -4-29 (Repl.Pamp.1989), Plaintiff sued the City of Las Cruces and its animal control officer (ACO), Elizabeth Carver, for false imprisonment and false arrest allegedly resulting from the issuance of a citation by Carver. The Defendants sought dismissal of the charge on several grounds, including failure to state a claim upon which relief can be granted. See SCRA 1986, 1-012(B)(6). To establish this last ground, Defendants relied on a three-step analysis: (1) they are immune from suit under the Act unless immunity is waived by a provision of the Act, NMSA 1978, § 41-4-4(A); (2) the Act waives immunity for liability for false imprisonment and false arrest only if caused by law enforcement officers acting within the scope of their duties, NMSA 1978, § 41-4-12; and (3) a Las Cruces ACO is not a "law enforcement officer" as defined in the Act, NMSA 1978, § 41-4-3(D) (Cum.Supp.1992).