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GALLEGOS v. STATE

No. 9072.

758 P.2d 299 (1987)

Phillip GALLEGOS, Plaintiff-Appellant, v. STATE of New Mexico, et al., Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Quashed June 30, 1988.

Attorney(s) appearing for the Case

Ray M. Vargas, Albuquerque, for plaintiff-appellant.

Douglas A. Baker, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, for defendants-appellees State of N.M., Corrections Dept., and Bruce King.

Patrick M. Shay, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendants-appellees Felix Rodriguez and Tom Trujillo.

OPINION

BIVINS, Judge.

Plaintiff, a former inmate of the New Mexico Penitentiary, brought suit for damages resulting from injuries sustained on or about January 23, 1981, when he was assaulted by other inmates of cellblock six. His amended complaint alleges claims under the New Mexico Tort Claims Act, NMSA 1978, Sections 41-4-1 to -29 (Repl. 1986), and the federal Civil Rights Act, 42 U.S.C. Section 1983 (1982), and names as defendants the state, its Corrections...

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