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WEINSTEIN v. CITY OF SANTA FE

No. 22159.

916 P.2d 1313 (1996)

121 N.M. 646

Yael WEINSTEIN, Cynthia Weinstein, and Meir Weinstein, Plaintiffs-Appellants, v. CITY OF SANTA FE, ex rel., SANTA FE POLICE DEPARTMENT, an agency of the City of Santa Fe, Ray Sisneros, Dennis Miller, and certain John Doe Defendants, Numbers 2, 3, 4, 5 and 6, Employees of the Santa Fe Public Safety Department and the City of Santa Fe, New Mexico, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied May 13, 1996.

Attorney(s) appearing for the Case

Morrow & Barton, P.C., David P. Barton, Santa Fe, for Appellants.

Carpenter, Comeau, Maldegen, Brennan, Nixon & Templeman, Joseph E. Manges, Larry D. Maldegen, Santa Fe, for Appellees.

OPINION

FROST, Justice.

Plaintiffs-Appellants Yael Weinstein, Cynthia Weinstein, and Meir Weinstein, appeal from the trial court's dismissal of their claim. The Weinstein's brought a tort action for damages against the Santa Fe Police Department and others under the New Mexico Tort Claims Act, NMSA 1978, §§ 41-4-1 to -27 (Repl.Pamp.1989 & Cum.Supp.1995). The trial court dismissed the action for failure to state a claim for which relief...

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