Garcia v. Albuquerque Public Schools Bd.

19 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. 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.

  4. 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.

  5. 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."

  6. 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 .

  7. Randall v. Fairmont City Police Dept

    186 W. Va. 336 (W. Va. 1991)   Cited 65 times
    Upholding statute granting qualified tort immunity to political subdivisions

    Our research has disclosed that almost all, if not all, of the reported precedents from the other jurisdictions, applying a "rational basis" equal protection analysis, have rejected equal protection challenges to comprehensive, statewide governmental tort claims acts, where the challenges were based upon the argument that the broad immunity granted to governmental tortfeasors, as opposed to nongovernmental tortfeasors, is not a rationally based distinction in furtherance of a legitimate state interest. See, e.g., Stone v. State, 106 Cal.App.3d 924, 165 Cal.Rptr. 339, 343 (1980) (involving alleged failure to provide sufficient police protection to public), opinion as modified; Sadler v. New Castle County, 524 A.2d 18, 24-25 (Del.Super.Ct. 1987), aff'd, 565 A.2d 917, 923-24 (Del. 1989); Davis v. Chicago Housing Authority, 136 Ill.2d 296, 144 Ill.Dec. 224, 226-27, 555 N.E.2d 343, 345-46 (1990); syl. pt. 4, Cross v. City of Kansas City, 230 Kan. 545, 638 P.2d 933 (1982); Garcia v. Albuquerque Public Schools Board of Education, 95 N.M. 391, 622 P.2d 699, 702 (Ct.App. 1980), writ quashed, 95 N.M. 426, 622 P.2d 1046 (1981); Carroll v. County of York, 496 Pa. 363, 437 A.2d 394, 396-97 (1981); Robson v. Penn Hills School District, 63 Pa.Cmwlth. 250, 437 A.2d 1273, 1276 (1981); Stout v. Grand Prairie Independent School District, 733 S.W.2d 290, 295-96, 297-98 (Tex.Ct.App. 1987), writ of error ref'd (no reversible error) (Tex. Oct. 7, 1987), cert. denied, 485 U.S. 907, 108 S.Ct. 1082, 99 L.Ed.2d 241 (1988).

  8. White v. State

    784 P.2d 1313 (Wyo. 1989)   Cited 29 times

    It is apparent that some retreat did occur in New Mexico by passage of the closed-end state tort claims act, but even that regression could not serve to justify the doubly regressive effect ulcerated onto justice for the injuries whenever now inflicted by this state. Garcia v. Albuquerque Public Schools Bd. of Ed., 95 N.M. 391, 622 P.2d 699 (1980). The Colorado court in Evans, 482 P.2d at 969-70 (footnotes omitted) related:

  9. Meyer v. Jones

    106 N.M. 708 (N.M. 1988)   Cited 7 times

    We are not persuaded that a potential period of probation of more than six months presents the degree of liberty deprivation that would convert a petty offense to the nature of such a serious offense as would trigger the right to a jury trial. With regard to petitioner's equal protection claim, it was said in Garcia v. Albuquerque Public Schools Board of Education, 95 N.M. 391, 622 P.2d 699 (Ct.App. 1980), cert. quashed, 95 N.M. 426, 622 P.2d 1046 (1981), that the standard for review of an equal protection claim is the same under both the federal and state constitutions. It is pointed out in the recent case of Farley v. Engelken, 241 Kan. 663, 740 P.2d 1058 (1987), that the United States Supreme Court has recognized and applied three varying standards (or "levels of scrutiny") in assessing equal protection claims.

  10. Ryszkiewicz v. New Britain

    193 Conn. 589 (Conn. 1984)   Cited 130 times
    Concluding that provision in city charter limiting municipal liability does not infringe right to access courts under article first, § 10, because, "[g]iven that governmental immunity was a well established judicial principle at the time of the Connecticut constitution's adoption in 1818 and in 1965, the provision granting access to courts for redress of grievances found in article first, § 10, cannot be construed as granting an unqualified right to recover unlimited damages from government entities"

    Thus, we follow the vast majority of courts which have held that statutes limiting or barring government liability are measured by the rational basis test. See, e.g., Aubertin v. Board of County Commissioners of Woodson County, Kansas, 588 F.2d 781 (10th Cir. 1978); Boyce v. United States, 523 F. Sup. 1012 (E.D.N.Y. 1981); Peddycoart v. Birmingham, 354 So.2d 808 (Ala. 1978); Leliefeld v. Johnson, 104 Idaho 357, 659 P.2d 111 (1983); Flax v. Kansas Turnpike Authority, 226 Kan. 1, 596 P.2d 446 (1979); Winston v. Reorganized School District R-2, 636 S.W.2d 324 (Mo. 1982); Garcia v. Albuquerque Public Schools Board of Education, 95 N.M. 391, 622 P.2d 699 (Ct.App. 1981); Paulson v. County of Pierce, 99 Wash.2d 645, 664 P.2d 1202 (1983); Binder v. Madison, 72 Wis.2d 613, 241 N.W.2d 613 (1976). Under the rational basis test, "[t]he court's function . . . is to decide whether the purpose of the legislation is a legitimate one and whether the particular enactment is designed to accomplish that purpose in a fair and reasonable way."