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Archibeque v. Moya12/15/1993
Opinion
Pursuant to NMSA 1978, Section 34-2-8 (Cum.Supp.1993) and SCRA 1986, 12-607 (Repl.Pamp.1992), we accepted the following certified question of state law from the Tenth Circuit Court of Appeals:
Does [NMSA 1978, Section 41-4-6 (Repl.Pamp.1989)] of the New Mexico Tort Claims Act, [NMSA 1978, Sections 41-4-1 to -29 (Repl.Pamp.1989 & Cum.Supp.1993)], provide immunity from tort liability to an employee of the state penitentiary whose alleged negligence in releasing a
prisoner into the general prison population, which included known enemies of the prisoner, resulted in the prisoner being beaten and injured by one of his enemies?
We hold that immunity is not waived under Section 41-4-6.
I.
Plaintiff-Appellant, Chris Archibeque ("Archibeque"), a prisoner at the Central New Mexico Correction Facility, was transferred to the New Mexico State Penitentiary in Santa Fe (the "penitentiary") on October 18, 1988. Before being released into the general prison population, Archibeque met with Defendant-Appellee Donna Moya-Martinez ("Moya-Martinez"), a prison intake officer. The purpose of this meeting was to discuss whether Archibeque had any known enemies within the general prison population. During the meeting, Archibeque told Moya-Martinez that Alex Gallegos ("Gallegos") was one of his enemies. Moya-Martinez, without checking an available printout of current inmates, told Archibeque that Gallegos was no longer imprisoned at the penitentiary. Moya-Martinez permitted Archibeque to be released into the general prison population. That night, Archibeque was assaulted by Gallegos and several other inmates in the prison weight room.
Archibeque brought a lawsuit in federal district court against Moya-Martinez and other employees of the New Mexico Department of Corrections. Archibeque sought damages under 42 U.S.C. ยง 1983 (1988), for alleged civil rights violations. Archibeque also sought damages under state law, claiming that his injuries resulted from the negligent operation of the prison facilities and that Section 41-4-6 acted to waive immunity for Moya-Martinez and other corrections employees who had acted negligently.
Prior to trial, the federal district court dismissed Archibeque's claim of negligent operation of the penitentiary. The district court interpreted Section 41-4-6 narrowly and held that the statute did not waive immunity for negligent security and custody of inmates at the penitentiary. Thereafter, Archibeque's civil rights claims were resolved in favor of Moya-Martinez and the other corrections employees. The federal district court denied Archibeque's motion for reconsideration. Archibeque appealed, raising the question certified to this Court by the Tenth Circuit Court of Appeals.
II.
The potential tort liability of governmental entities and public employees is limited by the Tort Claims Act. See . Section 41-4-4(A) provides that governmental entities and public employees acting within their scope of duty "are granted immunity from liability for any tort except as waived by Sections 41-4-5 through 41-4-12." Thus, the Act shields governmental entities and public employees from tort liability unless immunity is specifically waived by the Act. ), cert. quashed, 103 N.M. 446, 708 P.2d 1047 (1985), overruled on other grounds, . At issue in this case is the i
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