Garcia v. Albuquerque Public Schools Bd.

2 Citing cases

  1. Wills v. Bd. of Regents of the Univ. of N.M.

    2015 NMCA 105 (N.M. Ct. App. 2015)   Cited 28 times
    Holding that plaintiff's filing of complaint communicating to his employer and public that defendants were abusing their authority by withholding his contractually agreed-upon pay was not an activity protected by NMWPA

    As such, the Legislature may reasonably restrict that right, as it has done in the TCA. Seeid. ¶ 24 (stating that the Legislature may reasonably restrict the right to sue the government for tort damages); Garcia v. Albuquerque Pub. Sch. Bd. of Educ., 1980–NMCA–081, ¶ 9, 95 N.M. 391, 622 P.2d 699 (recognizing that creating exceptions to sovereign immunity via the TCA is a function of the Legislature, not of the courts). {30} In sum, Plaintiff has failed to demonstrate that the absence of a TCA exception that would permit him to seek monetary damages from Defendants under the circumstances of this case renders the TCA unconstitutional.

  2. Coyazo v. State

    120 N.M. 47 (N.M. Ct. App. 1995)   Cited 44 times
    Holding that "law enforcement officer" does not include "district attorneys in their prosecutorial role" because they do not engage in traditional law enforcement activities

    Coyazo naturally urges us to apply the intermediate standard articulated by our Supreme Court in Trujillo v. City of Albuquerque, 110 N.M. 621, 623, 798 P.2d 571, 573 (1990) and Richardson v. Carnegie Library Restaurant, 107 N.M. 688, 698, 763 P.2d 1153, 1163 (1988). Defendants, just as naturally urge us to apply the rational basis test used by this court in Garcia v. Albuquerque Public Schools Board of Education, 95 N.M. 391, 393, 622 P.2d 699, 701 (Ct.App. 1980) (holding that under a rational basis approach the Tort Claims Act grant of complete immunity to teachers and public school districts for claims arising from student disciplinary actions is constitutional), cert. quashed, 95 N.M. 426, 622 P.2d 1046 (1981). The contours of the various standards used by the courts to test the constitutionality of legislative enactments are fully explained in the very recent case of Alvarez v. Chavez, 118 N.M. 732, 886 P.2d 461 (Ct.App. 1994) and need not be repeated here.