New Mexico Supreme Court
Heather Spurlock; Sophia Carrasco; and Nina Carrera, Plaintiffs-Appellants/cross-Appellees v. Anthony Townes, In…
March 14, 20169 N.M. 541
Summary
The New Mexico Supreme Court held that a private prison and its warden are vicariously liable for all compensatory damages caused by a corrections officer’s intentional sexual assaults when the officer was aided by his agency relationship, and that no comparative‑fault affirmative defense applies to reduce those damages. The Court declined to address punitive damages, negligent‑supervision claims, or statutory financial‑responsibility liability.