Loya v. Gutierrez

Summary

The New Mexico Supreme Court held that Santa Fe County must provide a legal defense and indemnification to Officer Gutierrez, a tribal police officer commissioned as a county deputy sheriff, under the New Mexico Tort Claims Act when he is sued for a Section 1983 claim arising from actions taken in his official capacity enforcing state law. The court reversed the summary‑judgment ruling for the County and remanded for further proceedings.