This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Plaintiff, acting as the personal representative of the Decedent's estate, brought a wrongful death claim against the City of Albuquerque and Correctional Medical Services, Inc. (CMS). The Decedent, an inmate at the Metropolitan Detention Center (MDC), was experiencing heroin withdrawal when a court ordered his release. After being released to the MDC parking lot without proper transportation, the Decedent wandered into the desert and died of hypothermia (paras 1-8).
Procedural History
- District Court of Bernalillo County: Granted summary judgment in favor of the City of Albuquerque, holding that the Tort Claims Act did not waive immunity for the Plaintiff's claims (para 2).
Parties' Submissions
- Plaintiff-Appellant: Argued that the City was liable under the Tort Claims Act for negligence in the operation of a motor vehicle, a building, an infirmary, and law enforcement activities. The Plaintiff contended that the City failed to ensure proper transportation and medical care for the Decedent, leading to his death (paras 9-10, 13, 18, 28, 34).
- Defendant-Appellee (City of Albuquerque): Asserted that the Tort Claims Act did not waive immunity for the claims. The City argued that the Decedent's release complied with MDC policies and that the alleged negligence did not fall under the statutory waivers of immunity (paras 10, 17, 25, 30, 35).
Legal Issues
- Did the Tort Claims Act waive immunity for the City under Section 41-4-5 for negligence in the operation of a motor vehicle?
- Did the Tort Claims Act waive immunity for the City under Section 41-4-6 for negligence in the operation or maintenance of a building?
- Did the Tort Claims Act waive immunity for the City under Section 41-4-9 for negligence in the operation of an infirmary or similar facility?
- Did the Tort Claims Act waive immunity for the City under Section 41-4-12 for the alleged deprivation of the Decedent's constitutional rights or violation of statutory duties?
Disposition
- The Court of Appeals affirmed the district court's summary judgment in favor of the City of Albuquerque, holding that the Tort Claims Act did not waive immunity for the Plaintiff's claims (para 50).
Reasons
Per Cynthia A. Fry J. (Wechsler and Robinson JJ. concurring):
Section 41-4-5 (Operation of a Motor Vehicle): The Court found no evidence that the MDC van driver negligently operated the vehicle. The Plaintiff's analogy to school bus cases was rejected because the van driver was not shown to have made decisions affecting the Decedent while operating the van (paras 13-17).
Section 41-4-6 (Operation or Maintenance of a Building): The Court held that the Plaintiff failed to demonstrate that the City's actions created a dangerous condition affecting the general population of released inmates. The alleged negligence was specific to the Decedent and did not constitute a general condition of unreasonable risk (paras 18-27).
Section 41-4-9 (Operation of an Infirmary or Similar Facility): The Court determined that CMS, not the City, operated the infirmary at MDC. The City's constitutional obligation to provide medical care did not equate to a waiver of immunity under this section (paras 28-31).
Section 41-4-12 (Law Enforcement Officers): The Court concluded that the Plaintiff's allegations of negligence did not amount to a constitutional violation or a tort enumerated under this section. The Court rejected the Plaintiff's reliance on the "special relationship" and "danger creation" theories, as the City's duty to the Decedent ended upon his release (paras 32-47).
Statutory Duties: The Court found no evidence that MDC employees violated statutory duties under Section 27-7-30(A) or other statutes. The Plaintiff failed to show that the Decedent was abused, neglected, or exploited while in custody (paras 48-49).