Garcia v. Albuquerque Public Schools Bd.

1 Citing case

  1. 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 ยง 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).