Torres v. State

Opinion RANSOM, Justice. We issued a writ of certiorari to the Court of Appeals to review that Court's opinion in Torres v. State, 116 N.M. 379, 862 P.2d 1238 (Ct. App.), cert. granted, 117 N.M. 802, 877 P.2d 1105 (1993), in which the Court of Appeals affirmed the dismissal of a complaint brought by Esperio Torres and John Beeks as personal representatives of the estates of their adult sons. Torres and Beeks sought wrongful-death damages against the Albuquerque Police Department and others under the New Mexico Tort Claims Act, NMSA 1978, 41-4-1 to -27 (Repl. Pamp. 1989 & Cum. Supp. 1994). The district court dismissed the action for failure to state a claim upon which relief could be granted. Accepting as true all facts well pleaded, see Jones v. International Union of Operating Eng'rs, 72 N.M. 322, 325, 383 P.2d 571, 573 (1963), we reverse.