Hernandez v. City of Albuquerque et al

Filing 121

ORDER OF PARTIAL DISMISSAL OF ALL CLAIMS AGAINST DEFENDANT CITY OF ALBUQUERQUE by District Judge Kenneth J. Gonzales. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ALFONSO HERNANDEZ,
Plaintiff,
vs.

Civ. No. 14-964 KG/SCY

CITY OF ALBUQUERQUE, et al.,
Defendants.
ORDER OF PARTIAL DISMISSAL OF ALL CLAIMS AGAINST
DEFENDANT CITY OF ALBUQUERQUE
This matter is before the Court on Defendants City of Albuquerque, Galvan and
Markwick’s Motion for Summary Judgment, filed on October 21, 2015. (Doc. 73).
IT IS ORDERED that
1.

Defendants City of Albuquerque, Galvan and Markwick’s Motion for Summary

Judgment (Doc. 73) is moot and, therefore, denied as to Counts II, VI and IX. These claims, as
well as Defendants Galvan and Markwick, have been dismissed in their entirety;
2.

The Motion for Summary Judgment is granted in favor of the City as to Counts I,

III, IV, V and X;
3.

Count I: Negligent Hiring, Training, Supervision Resulting in Violations of the

New Mexico Tort Claims Act is dismissed in its entirety with prejudice;
4.

Count III: Assault under the New Mexico Tort Claims Act is dismissed as to

Defendant City of Albuquerque with prejudice;
5.

Count IV: Battery under the New Mexico Tort Claims Act is dismissed as to

Defendant City of Albuquerque with prejudice;
6.

Count V: False Arrest and/or False Imprisonment under the New Mexico Tort

Claims Act is dismissed as to Defendant City of Albuquerque with prejudice;
7.

Count X: Monell Claim under 42 U.S.C. Section 1983 Resulting in the

Deprivation of Civil Rights is dismissed in its entirety with prejudice; and
8.

Defendant City of Albuquerque is dismissed entirely from this matter and its

name will be stricken from the caption of this case.

_______________________________
UNITED STATES DISTRICT JUDGE