N.M. Stat. Ann. § 41-4-4

Section 41-4-4 makes the state immune from tort suit unless immunity is clearly waived.

Amirault v. City of Roswell · filed 1997-07-31

The starting point on Amirault’s state tort claim is that the state is immune from suit unless the state clearly waives its immunity. N.M. Stat. Ann. § 41-4-4 (1996).

Section 41-4-4 generally immunizes New Mexico governmental entities and public employees from tort suits unless a Tort Claims Act exception applies.

Segura v. Colombe · filed 2012-09-24(A)

The NMTCA prohibits a plaintiff from suing a governmental entity of New Mexico or its employees or agents unless the plaintiffs cause of action fits within one of the exceptions granted for governmental entities and public employees.

Section 41-4-4 grants New Mexico governmental entities immunity from state tort suits unless a specific Tort Claims Act waiver applies.

Williams ex rel. Samayoa v. Board of Regents · filed 2014-04-29(A)

As a New Mexico “governmental entity,” however, it is entitled to blanket immunity from state tort suits.

Section 41-4-4 grants governmental entities and public employees acting within the scope of duty immunity from tort liability unless an exception applies.

Shivner v. CorrValues, LLC · filed 2022-04-05

“Unless excepted, a ‘governmental entity and any public employee while acting within the scope of duty are granted immunity from liability for any tort.’” Id. (quoting N.M. Stat. Ann. § 41-4-4).

Section 41-4-4(A) immunizes public officials from tort liability unless the Tort Claims Act specifically waives that immunity.

Peterson v. Rasmussen · filed 1996-07-26(A)

Under the New Mexico Tort Claims Act, N.M. Stat. Ann. §§ 41-4-1 to -27, public officials such as Ms. Rasmussen are entitled to immunity from liability for torts unless their immunity is specifically waived by the Tort Claims Act itself. See N.M. Stat. Ann. § 41-4-4(A); Garcia v. Board of Educ., 777 F.2d 1403, 1407 (10th Cir.1985), cert denied, 479 U.S. 814 (1986). Mr. Peterson has identified no provision of the Tort Claims Act that waives Ms. Rasmussen's immunity, and we have found none.

Section 41-4-4 grants governmental entities and public employees acting within the scope of duty tort immunity unless the Act waives it.

Murphy v. Bitsoih · filed 2004-06-01

Defendants argue, and the Court agrees, that the New Mexico Tort Claims Act protects Defendants from tort liability unless Plaintiffs can establish that Defendants waived their immunity under the Act.

Section 41-4-4(A) immunizes governmental entities and public employees acting within the scope of duty from tort liability unless a specific provision of the New Mexico Tort Claims Act waives immunity.

Farris v. Moeckel · filed 1987-07-02(A)

Hence it appears that both Sheriff Padilla and the McKinley County Board of Commissioners are immune from tort liability pursuant to § 41-4-4(A) so long as they were acting within the scope of duty and unless the immunity conferred by § 41-4-4(A) has been waived by some specific provision contained in the Act. ... Since there is no specific provision exempting the Commissioners from immunity and since statutes in derogation of the common law must be strictly construed, the Court declines to find an exception to immunity where one is not clearly indicated in the statute.

Section 41-4-4(A) grants government entities and public employees acting within the scope of duty immunity from tort liability unless an enumerated waiver applies.

Chavez v. New Mexico Corrections Department · filed 2022-09-06(A)

Under the NMTCA, a New Mexico “governmental entity and any public employee while acting within the scope of duty are granted immunity from liability for any tort,” subject to certain specifically enumerated exceptions, or waivers of immunity. See N.M. Stat. Ann. § 41-4-4(A) (1978). ... In light of the facts and the law stated above, the Court finds that Plaintiff has not asserted an applicable waiver of governmental immunity for tort claims under the NMTCA, and therefore summary judgment in favor of Defendant Renteria is appropriate as to all claims brought against him under the NMTCA (Count III of the First Amended Complaint).

Section 41-4-4(A) grants governmental entities and public employees acting within the scope of duty immunity from tort liability unless a Tort Claims Act exception waives it.

Sessions v. State of New Mexico · filed 2022-10-26(A)

Because the NMCTA thus does not waive immunity for any of the tort claims asserted by Ms. Sessions, Defendants are immune from liability on those claims.

Section 41-4-4(A) generally immunizes governmental entities and public employees acting within the scope of their duties from state tort liability, but a genuine fact dispute over an exception precludes immunity-based summary judgment on that exception.

Mondragon v. Rio Rancho Public Schools Board of Education · filed 2025-03-18(A)

In general, the NMTCA grants governmental entities and public employees acting within the scope of their duties immunity from state tort liability. ... If there is a genuine issue of material fact regarding whether one of these exceptions applies, summary judgment based on the NMTCA’s general grant of immunity is inappropriate as to that exception.

Section 41-4-4 grants government entities and public employees immunity from tort liability unless an applicable exception waives it.

Tapia v. City of Albuquerque · filed 2014-03-31

Further, as the City Defendants point out, government entities and public employees enjoy immunity from tort liability, with certain inapplicable exceptions.

Section 41-4-4(A) provides immunity from a state-law conspiracy claim when the Tort Claims Act does not waive that immunity.

Carrillo-Ortiz v. New Mexico Department of Public Safety · filed 2019-09-13(A)

The claim fails under state law because all Defendants are immune from such a claim under the New Mexico Tort Claims Act.

Section 41-4-4 bars tort claims against government entities and employees unless the NMTCA waives immunity for the tort.

Griffin v. City of Artesia · filed 2023-08-18

Plaintiffs may only bring enumerated torts against government entities or employees under the NMTCA.

Section 41-4-4(A) grants governmental entities and public employees acting within the scope of their duties immunity from tort liability unless a specific waiver applies.

Aragon v. Vander Dussen · filed 2023-12-12(A)

The New Mexico Tort Claims Act (“NMTCA”) “preserves sovereign immunity against tort claims for state governmental entities and public employees acting in the scope of their duties, except as specifically waived.” Fernandez v. Mora-San Miguel Elec. Co-op., Inc., 462 F.3d 1244, 1250 (10th Cir. 2006) (citing N.M. Stat. Ann. § 41-4-4(A)). ... Because no specific waiver of immunity applies, Count One must be dismissed for lack of subject matter jurisdiction.

Section 41-4-4(A) grants public employees immunity from tort liability for acts within the scope of their duties unless an applicable waiver removes that immunity.

Boydston v. New Mexico Taxation and Revenue Dept. · filed 1997-10-03(A)

Generally, a public employee acting within the scope of his duties is granted immunity from tort liability. See N.M. Stat. Ann. § 41-4-4(A). ... Accordingly, we conclude that defendant Daniels was not acting as a full-time law enforcement officer, as contemplated by section 41-4-3(D), and his immunity from suit was not waived.

Section 41-4-4(A) grants tort immunity to public employees acting within the scope of duty, but does not protect an independent contractor’s employee.

Giron v. Corrections Corp. of America · filed 1998-07-02(A)

The Tort Claims Act grants immunity from tort liability to “any public employee while acting within the scope of duty.” N.M.Stat.Ann. § 41-4-4(A) (Michie 1996). ... Defendant Torrez was an independent contractor’s employee, and not a public employee, under the Tort Claims Act. The Act therefore grants him no immunity from tort liability.

Section 41-4-4 grants public employees immunity from tort liability for acts within the scope of duty, subject to statutory waivers.

Lobato v. New Mexico Environment Department, Environmental Health Division · filed 2011-03-21

The act grants public employees “immunity from liability for any tort” except those waived so long as the employee committed the tort “while acting within the scope of duty.”

Section 41-4-4 grants tort immunity to a public employee acting within the scope of duty unless another provision waives it; that immunity can cover a deputized tribal officer acting for a county sheriff.

Clema v. Colombe · filed 2017-01-25

Thus, Officer Colombe, a tribal officer making an arrest pursuant to New Mexico State law, was a public employee granted immunity by the NMTCA.

Section 41-4-4 grants public employees acting within the scope of duty immunity from tort liability unless the Tort Claims Act waives it.

Nelson v. City of Albuquerque · filed 2017-10-20(a)

Under N.M. Stat. Ann. § 41-4-4, "any public employee while acting within the scope of duty are granted immunity from liability for any tort except as waived by ... Sections 41-4-5 through 41-4-12 NMSA 1978." N.M. Stat. Ann. § 41-4-4(a). ... For largely the same reasons that the Court determined a reasonable jury could conclude that the officers employed excessive force, the Court determines that a reasonable jury could conclude that those officers did not act lawfully or in good faith.

Section 41-4-4(a) grants public employees acting within the scope of their duties immunity from tort liability unless that immunity is waived.

Tello v. Honigman · filed 2021-10-28(a)

A public employee while acting within the scope of his duties is granted immunity from liability for any tort unless waived in the NMSA. N.M. Stat. Ann. § 41-4-4(a). Immunity is not waived for negligence of a law enforcement officer unless it results in one of the enumerated torts in § 41-4-12, including false imprisonment and abuse of process both of which are still at issue in this suit.

Section 41-4-4(F) preserves New Mexico’s Eleventh Amendment immunity from suit in federal court under the Tort Claims Act.

Apache v. State of New Mexico · filed 1997-12-10(F)

However, the Act specifically states that it shall not “be construed . . . as a waiver of the state’s immunity from suit in federal court under the eleventh amendment to the United States constitution.” N.M. Stat. Ann. § 41-4-4(F), letter from Bruce Babbitt, Sec. of Int., to Gary Johnson, Gov. of N.M. (Aug. 23, 1997).

Section 41-4-4(F) does not waive the State’s Eleventh Amendment immunity from federal suit.

Re v. New Vistas · filed 1999-04-01(F)

Given that the State has not waived its Eleventh ... Amendment immunity, see N.M. Stat. Ann. § 41-4-4(F), such suits are barred.

Section 41-4-4 grants tort immunity to governmental entities and public employees acting within the scope of their duties, subject to exceptions; it does not excuse failure to give timely notice of a claim.

Coffey Ex Rel. I-VII v. McKinley County · filed 2012-12-04

She next contends that her failure to give notice is excused under N.M. Stat. Ann. § 41-4-4. This statute, which grants immunity from tort liability to governmental entities and public employees acting within the scope of their duties with certain exceptions, is inapposite.

Section 41-4-4 limits a governmental entity’s tort liability to respondeat superior and statutory indemnification of liable public employees, subject to the TCA’s immunity waivers.

Armijo v. Board of County Commissioners of the County of Socorro · filed 2021-03-28(B)–(D)

The TCA’s text limits the liability of a governmental entity like Defendant BCCCS to respondeat superior and statutory indemnification of liable public employees. See Abalos v. Bernalillo Cnty. Dist. Att’y’s Office, 734 P.2d 794, 798–99 (N.M. Ct. App. 1987) (citing Silva v. New Mexico, 745 P.2d 380, 385 (N.M. 1987) and N.M. Stat. Ann. §§ 41-4-4(B) through (D)).

Section 41-4-4(A) permits governmental entity liability for an employee’s tort committed within the scope of duties for which immunity is waived; the court does not apply that rule to an independent contractor.

Bradshaw v. Management and Training Corporation · filed 2023-09-12(A)

Silva established that the doctrine of respondeat superior applies to claims under the NMTCA. 745 P.2d at 385 (“A governmental entity is not immune from liability for any tort of its employee acting within the scope of duties for which immunity is waived.”) (citing N.M. Stat. Ann. § 41-4-4(A)). Here, MTC is not alleged to be an employee of Otero County or Sheriff Black—it is alleged to be an independent contractor.

Section 41-4-4(D) obligates the state to pay money judgments entered against individual state employees.

Curry v. Gonzales · filed 2021-09-27(D)

Still, although the suit is against the individual, § 41-4-4(D) obligates the state to pay any money judgment entered against the individual state employee defendant.

Section 41-4-4 does not waive the federal government’s sovereign immunity.

Underhill v. Kendall · filed 2025-03-11

The NMTCA is inapplicable to the federal government.