Garcia v. Albuquerque Public Schools Bd.

28 Citing cases

  1. Marrujo v. New Mexico Hwy. Transp. Dept

    118 N.M. 753 (N.M. 1994)   Cited 55 times
    Holding no actual notice when two police accident reports did not suggest a tort had occurred or a lawsuit was impending

    Strict scrutiny also applies under an equal protection analysis if the statute focuses upon inherently suspect classifications such as race, national origin, religion, or status as a resident alien. Nowak et al., supra, at 448-49; Tribe, supra, § 16-13, at 1465-66; Garcia v. Albuquerque Pub. Schs. Bd. of Educ., 95 N.M. 391, 393, 622 P.2d 699, 701 (Ct.App. 1980) (citing City of New Orleans v. Dukes, 427 U.S. 297, 303, 96 S.Ct. 2513, 2516-17, 49 L.Ed.2d 511 (1976)), writ quashed, 95 N.M. 426, 622 P.2d 1046 (1981). Under this analysis, the burden is placed upon the state to show that the restriction of a fundamental right or the delineation of suspect classes supports a compelling state interest, and that the legislation accomplishes its purposes by the least restrictive means.

  2. Condemarin v. University Hosp

    775 P.2d 348 (Utah 1989)   Cited 75 times
    Holding that a statute implicating the Open Courts Clause required a heightened level of scrutiny for constitutional purposes

    In concluding that the legislature was merely being consistent in waiving immunity for public employees on the same basis as for public entities, the court noted a rational basis: 95 N.M. 391, 622 P.2d 699 (N.M.Ct.App. 1980). 95 Wis.2d 357, 290 N.W.2d 524.

  3. Diaz v. Second Judicial District Court

    Civ No. 00-577 JC/DJS (D.N.M. Nov. 27, 2001)

    The New Mexico legislature enacted the New Mexico Tort Claims Act (NMTCA), N.M. S. A. § 41-4-1 et. seq. in response to the New Mexico Supreme Courts ruling in Hicks v. State, 544 P.2d 1153 (1975), which abolished governmental immunity. See Garcia v. Albuquerque Pub. Schs., 622 P.2d 699, 701 (N.M.Ct.App. 1980). The Act grants governmental entities and public employees, acting within the scope of their duties, immunity from tort liability unless it is specifically waived in eight classes of activities:

  4. Richardson v. Carnegie Library Restaurant, Inc.

    107 N.M. 688 (N.M. 1988)   Cited 70 times
    Holding that NMSA 1978, Section 41-11-1 (Repl.Pamp. 1986), the damage cap in the Dramshop Act, was unconstitutional

    See City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432, 440, 105 S.Ct. 3249, 3254, 87 L.Ed.2d 313 (1985); see also Torres v. Village of Capitan, 92 N.M. 64, 69, 582 P.2d 1277, 1282 (1978); Vandolsen v. Constructors, Inc., 101 N.M. 109, 112, 678 P.2d 1184, 1187 (Ct.App.), cert. denied, 101 N.M. 77, 678 P.2d 705 (1984).Sanchez v. M.M. Sundt Constr. Co., 103 N.M. 294, 297, 706 P.2d 158, 161 (Ct.App. 1985); Garcia v. Albuquerque Pub. Schools Bd. of Educ., 95 N.M. 391, 393, 622 P.2d 699, 701 (Ct.App. 1980), cert. quashed, 95 N.M. 426, 622 P.2d 1046 (1981). We have observed that a statute infringing fundamental rights or involving suspect classes must support a compelling state interest to escape judicial invalidation.

  5. Garcia v. Village of Tijeras

    108 N.M. 116 (N.M. Ct. App. 1988)   Cited 39 times
    Finding that where dog impoundment ordinance provided a hearing, fact that ordinance did not expressly set out the procedures to be followed with respect to notice of the hearing and an owner's right to appear was not fatal under due process standards

    Where the challenged ordinance does not trammel fundamental rights or involve a suspect classification, the court presumes the constitutionality of the discriminatory classification. Garcia v. Albuquerque Pub. Schools Bd. of Educ., 95 N.M. 391, 622 P.2d 699 (Ct.App. 1980). In order to meet the requirements of the equal protection clauses of the United States and New Mexico Constitutions, the challenged classification must be rationally related to a legitimate state interest.

  6. Malone v. Bd. of Cnty. Comm'rs for the Cnty. of Dona Ana

    No. CIV 15-0876 JB/GBW (D.N.M. Aug. 27, 2016)

    It is only when a public employee is acting within the scope of his employment and in furtherance of the business of a public entity that immunity and the Tort Claims Act have any relevance. See Garcia v. Albuquerque Pub. Schools Bd. of Educ., 95 N.M. 391, 622 P.2d 699 (Ct. App. 1980)(Sutin, J., specially concurring), cert. quashed, 95 N.M. 426, 622 P.2d 1046 (1981); cf. Candelaria v. Robinson, 93 N.M. 786, 606 P.2d 196 (Ct. App. 1980). Therefore, it is only when the public entity is itself acting through its employee with the right to control the manner in which the details of work are to be done, SCRA 1986, 13-403, that the Tort Claims Act comes into play.

  7. N.F. ex rel. M.F. v. Albuquerque Pub. Sch.

    Case No. 14-cv-699 SCY/RHS (D.N.M. Jan. 30, 2015)   Cited 6 times

    Public school teachers are considered public employees covered by the NMTCA. Garcia v. Albuquerque Pub. Schs. Bd. of Educ., 622 P.2d 699, 701-02 (N.M. Ct. App. 1980). A public employee acts within the scope of his duties, even if he or she engages in tortious or criminal activity, so long as "a connection between the public employee's actions at the time of the incident and the duties the public employee was requested, required or authorized to perform."

  8. Chavez-Rodriguez v. City of Santa Fe

    No. CIV 07-0633 JB/DJS (D.N.M. Oct. 9, 2008)   Cited 48 times
    Holding that the transfer of an employee that would result in loss of supervisory responsibilities but no change in pay did not implicate a property right and explaining that"[r]ead together, [ Lovato and Harrell] stand for the proposition that New Mexico recognizes a property interest in public employment, but that it is an interest tied to the financial benefits that flow from the position, and not in other aspects of a job, such as the title, prestige, or level of power and responsibility accompanying a particular position."

    The Legislature responded in 1976 by enacting the [New Mexico Tort Claims] Act, 1976 N.M. Laws, ch. 58 § 1 (Sections 41-4-2 through 41-4-27, N.M.S.A. 1978), to retain governmental immunity except in eight enumerated classes of activity. Methola v. County of Eddy, 95 N.M. 329, 622 P.2d 234 (1980); Garcia v. Albuquerque Public Schools Bd., 95 N.M. 391, 622 P.2d 699 (Ct.App. 1980), cert. quashed, (January 27, 1981).Cole v. City of Las Cruces, 99 N.M. 302, 303, 657 P.2d 629, 630 (1984).

  9. Grisham v. Soelen

    539 P.3d 272 (N.M. 2023)   Cited 2 times

    Instead, Petitioners cite two New Mexico Court of Appeals cases and one federal district court case that itself cites a third New Mexico Court of Appeals case. SeeE. Spire Commc'ns, Inc. v. Baca , 269 F. Supp. 2d 1310, 1323 (D.N.M. 2003) (citing Valdez v. Wal-Mart Stores, Inc., 1998-NMCA-030, ¶ 6, 124 N.M. 655, 954 P.2d 87 ); Mieras v. Dyncorp , 1996-NMCA-095, ¶ 16, 122 N.M. 401, 925 P.2d 518 ; Garcia v. Albuquerque Pub. Schs. Bd. of Educ. , 1980-NMCA-081, ¶ 4, 95 N.M. 391, 622 P.2d 699. The Real Parties in reply make the apt observation that the cited Court of Appeals cases predate Breen and Griego .

  10. Conoco, Inc. v. Taxtion Revenue Dept

    122 N.M. 736 (N.M. 1997)   Cited 7 times
    Distinguishing domestic combination reporting and striking down New Mexico's separate entity reporting method that was similar to the Iowa reporting method struck down in Kraft

    Id. at 758, 887 P.2d at 752. See also Richardson v. Carnegie Library Restaurant, Inc., 107 N.M. 688, 693, 763 P.2d 1153, 1158 (1988); Espanola Housing Authority v. Atencio, 90 N.M. 787, 788, 568 P.2d 1233, 1234 (1977); Board of Trustees of Las Vegas v. Montano, 82 N.M. 340, 343, 481 P.2d 702, 705 (1971); Garcia v. Albuquerque Pub. Sch. Bd., 95 N.M. 391, 393, 622 P.2d 699, 701 (Ct.App. 1981). This line of cases is still valid as an expression of the minimum scrutiny test for equal protection challenges to classifications.