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SMITH v. CITY OF ARTESIA

No. 10094.

772 P.2d 373 (1989)

108 N.M. 339

Austin SMITH and Janie Smith, individually and as Co-Personal Representatives of their deceased daughter, Ebony L. Smith, Plaintiffs-Appellants, v. CITY OF ARTESIA, Artesia Police Department, Mayor Ernest Thompson, James MacKenzie, individually and in his official Capacity as Chief of Police, Harry Wesson, individually and in his official Capacity, and Woody Wright, individually and in his official capacity, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied April 11, 1989.

Attorney(s) appearing for the Case

Kevin J. Hanratty, Kevin J. Hanratty, P.C., Artesia, for plaintiffs-appellants.

Richard E. Olson, James M. Hudson, Hinkle, Cox, Eaton, Coffield & Hensley, Roswell, Ernest L. Carroll, Losee & Carson, P.A., Artesia, for defendants-appellees.

OPINION

HARTZ, Judge.

Plaintiffs appeal the district court's dismissal of their complaint for failure to state a claim upon which relief can be granted against the city of Artesia, the police department, two members of the police department, the chief of police, and the mayor. The complaint alleges that members of the Artesia Police Department improperly circulated photographs of the nude body of Ebony L. Smith taken during the investigation of her murder...

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