642 P.2d 166 (N.M. 1982), 13965, DeVargas v. State ex rel. New Mexico Dept. of Corrections
|Citation:||642 P.2d 166, 97 N.M. 563, 1982 -NMSC- 025|
|Opinion Judge:|| Federici|
|Attorney:|| Singleton & Roberts-Hohl, Sarah Michael Singleton, Santa Fe, Richard Rosenstock, Chama, Sena & Herrera, Robert Sena, Santa Fe, for petitioner.  Jeff Bingaman, Atty. Gen., Ralph Muxlow, Asst. Atty. Gen., Santa Fe, Rodey, Dickason, Sloan, Akin & Robb, Mark C. Meiering, Albuquerque, for respo...|
|Judge Panel:||EASLEY, C. J., and PAYNE and RIORDAN, JJ., concur.|
|Case Date:||February 22, 1982|
|Court:||Supreme Court of New Mexico|
Rehearing Denied March 4, 1982.
[97 N.M. 564]
DECISION ON CERTIORARI
The opinion of the Court of Appeals was filed on October 1, 1981. 640 P.2d 1327. A petition for writ of certiorari was filed in this Court on November 9, 1981. Thereafter, the petition for writ of certiorari was granted on November 20, 1981.
After an exhaustive review of the transcripts, briefs and authorities, it is the decision of this Court that the petition for writ of certiorari heretofore granted be quashed as improvidently issued.
Under Section 42 U.S.C. § 1983, the statute of limitations applicable is that which applies to the most closely analogous cause of action under state law.
In Board of Regents v. Tomanio, 446 U.S. 478, 100 S.Ct. 1790, 64 L.Ed.2d 440 (1980), the Supreme Court of the United States clearly stated that lower federal courts must look to and apply the state statute of limitations governing the state cause of action provided by state law which is most closely analogous to Section 42 U.S.C. § 1983 and which is not inconsistent with the Constitution and Laws of the United States.
Under New Mexico law, the most closely analogous state cause of action is provided for by the New Mexico Tort Claims Act under Section 41-4-12, N.M.S.A. 1978. The statute of limitations applicable to a cause of action under Section 41-4-12 is set forth in Section 41-4-15, N.M.S.A. 1978. Under Section 41-4-15, the action must be commenced within two...
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