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ALLENDER v. SCOTT

No. CIV-04-0935 BB/RLP.

379 F.Supp.2d 1206 (2005)

Michael ALLENDER, Plaintiff, v. Freddie John SCOTT, Isaac F. Padilla, W. Frank Emerson, Arturo Candelaria, Bennie Cohoe, Board of County Commissioners of the County of Cibola, the State of New Mexico, Cornelius Thomas, Val R. Panteah, Sr., Corrections Corporation of America, CCA of Tennessee, Inc. and unknown persons 1 through 100, Defendants.

United States District Court, D. New Mexico.

January 27, 2005.

Attorney(s) appearing for the Case

William G. Stripp, Ramah, NM, for Plaintiff.

Sampson Martinez, Gallup, NM, for Defendants Thomas and Panteah.

John Zavitz, Assistant U.S. Attorney Dori Richards, U.S. Dep't of Interior, SW Regional Solicitor's Office, Albuquerque, NM, for the United States.

Emma R. Brittain, Sarah M. Singleton, Montgomery & Andrews, Santa Fe, NM, for Defendant Cibola County Board of Commissioners.

Ira Bolnick, NM Legal Bureau, RMD, Santa Fe, NM, for Defendant State of New Mexico.

Gail Gottlieb Sutin, Thayer & Brown Albuquerque, NM, for Defendant Corrections Corporation of America and CCA of Tennessee, Inc.

MEMORANDUM OPINION

BLACK, District Judge.

This matter comes before the Court for consideration of Defendants Thomas and Panteah's Motion for Certification ("Motion to Certify") that they were acting within the course and scope of their employment at the time of the alleged incident which is the basis of the Complaint in this action. The United States (USA) refused to so certify, denying them coverage under the Federal Tort Claims Act (FTCA). This...

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