Defendant's Attorney: Stephen Shanor, Chelsea Rae Green, Hinkle, Hensley, Shanor & Martin, L.L.P., Roswell, New Mexico, Attorneys for the Defendants State of New Mexico and Children, Youth and Families Department

Ronald J. Childress, Urvashi Parkhani, Childress Law Firm, Albuquerque, New Mexico, Attorneys for the Defendants Taylor Tots Daycare, Sandi Taylor, and Mary Taylor

Description: Albuquerque, New Mexico civil rights lawyer represented Plaintiff, who sued Defendants on negligence theories.

THIS MATTER comes before the Court on the State of New Mexico, Children Youth & Families Department's Motion to Dismiss Plaintiff's First Amended Complaint, filed July 17, 2020 (Doc. 21)("MTD"). The Court held a hearing on October 6, 2020. See Clerks’ Minutes, at 1, filed October 6, 2020 (Doc. 48). Defendants State of New Mexico and Children Youth & Families Department (the "State Defendants") request that the Court dismiss Plaintiff Erika Tafoya's claims against them under rule 12(b)(6) of the Federal Rules of Procedure. See MTD at 1. The primary issues are: (i) whether the State Defendants are immune from Tafoya's claims under the Eleventh Amendment to the Constitution of the United States of America; (ii) whether the New Mexico Tort Claims Act ("NMTCA"), N.M.S.A. §§ 41-4-1 to -27, waives the State Defendants’ Eleventh Amendment immunity; and (iii) whether the Court should grant Tafoya's request to amend her First Amended Complaint for Wrongful Death, Personal Injury, Loss of Parental Consortium and Other Damages Under the New Mexico Wrongful Death Act and New Mexico Tort Claims Act and New Mexico Statutory and Common Law Pro Hac Vice, filed August 9, 2020 (Doc. 7)("First Amended Complaint"). The Court concludes that: (i) the State Defendants have Eleventh Amendment immunity and that Tafoya cannot sue the State Defendants under 42 U.S.C. § 1983, because the State Defendants are not persons for purposes of § 1983 ; (ii) there is no waiver of Eleventh Amendment immunity under the NMTCA, because the Defendants Sandi Taylor and Mary Taylor (collectively the "Taylors") are not public employees and there is no waiver of immunity for negligent supervision; and (iii) it would be futile to amend the First Amended Complaint, because the Court's Eleventh Amendment analysis would not change.

Outcome: Accordingly, the Court grants the MTD, and dismisses Tafoya's claims against the State Defendants.

Plaintiff's Experts:

Defendant's Experts:

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