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Flores v. Danfelser6/4/1999
{1} Plaintiffs Maria Stella Flores (hereafter Stella Flores) and Dan Flores, her husband, appeal from an order dismissing their tort claims and claims alleging a violation of their civil rights under 42 U.S.C. § 1983 (1994) filed against Defendants. Plaintiffs have asserted nine claims on appeal which we consolidate and discuss as follows: (1) whether Plaintiffs' tort claims are barred under the exclusivity provisions of the Workers' Compensation Act; and (2) whether Plaintiffs alleged viable claims against Defendants under 42 U.S.C. § 1983. For the reasons discussed herein, we affirm.
BACKGROUND
{2} Stella Flores was employed as an income support specialist with the New Mexico Human Services Department (HSD) in Doña Ana County, New Mexico. On February 13, 1996, Theodore Osborne, an individual who had been receiving food stamp allotments, went to the district office, pushed his way past the doorway of the public waiting room, and went into an area designated for staff offices. Osborne, believing that Stella Flores was responsible for reducing his benefits, entered her office and physically attacked her and stabbed her repeatedly. Stella Flores was taken to the hospital and Osborne was subsequently apprehended and criminally charged for the assault.
{3} After the attack, HSD began paying Stella Flores workers' compensation and medical benefits. On May 7, 1997, Plaintiffs filed suit against Defendants Dorothy Danfelser, individually, and as Secretary of HSD; Sandra Corriveau, individually, and as district manager of the Doña Ana County office of the Income Support Division; and the HSD. Plaintiffs alleged, among other things, that Defendants were "aware . . . that security measures at the . . . branch office . . . were inadequate"; that " espite having knowledge of the dangers of allowing clients and the general public access to the office area where Stella Flores . . . worked, Defendants made a deliberate and intentional policy decision to allow such access"; that " espite recommendations . . . to implement such security measures, . . . Defendants failed to take any steps to implement such security measures"; and that Defendants' actions resulted from a "deliberate and intentional policy decision . . . based upon a combination of economic and philosophical considerations."
{4} Plaintiffs' complaint contained five counts: Count I, a tort claim against HSD, Danfelser, and Corriveau under the Tort Claims Act, NMSA 1978, §§ 41-4-1 to -29 (1976, as amended through 1996); Count II, against Danfelser and Corriveau, both individually and in their official capacities, alleging a violation of Stella Flores' constitutional rights under 42 U.S.C. § 1983; Count III, a claim against HSD alleging a violation of 42 U.S.C. § 1983; Count IV, a claim against all Defendants for intentional infliction of emotional distress; and Count V, a claim by Dan Flores, Stella's husband, against Defendants for loss of consortium.
{5} On July 2, 1997, Defendants filed a motion to dismiss for failure to state a claim. Following a hearing, the district court granted the motion and dismissed each of the claims against Defendants.
ANALYSIS
Tort Claims
{6} Plaintiffs assert that the district court erred in determining that the tort claims filed by Plaintiffs against Defendants were barred by the exclusivity provisions of the Workers' Compensation Act.
{7} In reviewing the dismissal of a complaint for failure to state a claim upon which relief may be granted, an appellate court applies the same analysis as the trial court, "accept as true all facts well pleaded and question only whether the plaintiff might prevail under any
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