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McDermitt v. Corrections Corp.3/28/1991
We granted this interlocutory appeal in conjunction with the interlocutory appeal in Ortiz v. New Mexico State Police, (Ct. App. 1991) (No. 12,707) to consider the circumstances, if any, in which the New Mexico Tort Claims Act, NMSA 1978, Sections 41-4-1 through -27 (Repl. Pamp. 1989), waives immunity from liability for law enforcement officers who have negligently supervised or trained their subordinates. In Ortiz we are holding that when subordinate officers have committed
one of certain specified torts, the Tort Claims Act does not provide immunity to supervisory law enforcement officers whose negligent training or supervision of the subordinates was a proximate cause of the tort. Here we hold that when personal injury results from a violation by subordinate officers of rights secured by the constitution or laws of the United States or New Mexico, then the Act waives immunity for negligent supervision or training by superior law enforcement officers that proximately causes the violation. We emphasize, however, that immunity is not waived for negligent training and supervision standing alone; such negligence must cause a specified tort or violation of rights.
Plaintiff's complaint alleges that her son committed suicide while incarcerated in the Santa Fe Detention Center. The complaint's first cause of action claims that the conduct of several employees of Corrections Corporation of America (CCA), the private corporation operating the detention center at the time, violated rights of the decedent under the United States and New Mexico Constitutions. The second cause of action alleges that CCA and two of its employees, the administrator of the detention center and the chief of security, negligently failed to train and supervise their subordinates in the proper care of prisoners at the center.
Defendants moved for partial summary judgment with respect to Count II. The district court denied the motion. Although there were contentions by the parties regarding the factual basis of the claim of negligent training and supervision, on appeal defendants argue only that plaintiff has no cause of action for negligent training or supervision because of the immunity granted defendants by the Tort Claims Act.
The Tort Claims Act provides public employees with immunity from liability for any tort except when immunity is specifically waived in the Act. See 41-4-4(A). Plaintiff relies on the waiver of immunity provided in Section 41-4-12, which states:
The immunity granted pursuant to Subsection A of Section 41-4-4 NMSA 1978 does not apply to liability for personal injury , bodily injury, wrongful death or property damage resulting from assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, defamation of character, violation of property rights or deprivation of any rights, privileges or immunities secured by the constitution and laws of the United States or New Mexico when caused by law enforcement officers while acting within the scope of their duties.
The district court's letter opinion interprets and , as holding that immunity is waived by Section 41-4-12 whenever personal injury is caused by a law enforcement officer's negligent failure to properly train and supervise subordinates. We do not so read our supreme court's decisions.
The language of Section 41-4-12 explicitly ties the waiver of immunity to certain torts or violations of rights. Silva did not construe Section 41-4-12. As for Methola, we summarized that
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