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Appeals court denies suit faulting IMM parole boardBy The Associated PressThe state Parole Board is not liable for misdeeds committedby convicts granted parole from the state penitentiary, the Court of Appeals said Tuesday.In a one-paragraph memorandum opinion, the Court of Appeals upheld a decision by 1st District Court in Santa Fe to dismiss the Parole Board as a defendant in a damage lawsuit brought by a Hobbs jewelry company.Buster Hanks Diamond Shoppe Inc. sought unspecified damages from the Parole Board and ex-convict Cecil Ray Rinehart.The Hanks firm alleged in the lawsuit that Rinehart was convicted of murder in 1969, sentenced to a life term in prison and released by the Parole Board in July 1983.The complaint contended the board was grossly negligent inreleasing Rinehart and that on March 11 and April 11, 1986, Rinehart committed assault, battery, false imprisonment and violation of property rights at jewelry stores owned by Hanks in Hobbs.Attorneys for the Parole Board argued the board was immune from liability.District Judge Bruce Kaufman of Santa Fe on July 27 dismissed the complaint against -the board.In its complaint Hanks alleged immunity has been waived under the Tort Claims Act for acts caused by law enforcement officers acting within the scope of their duties.Parole Board attorneys argued that activities of the board and its employees are not the activities of law enforcement officers as defined in the Tort Claims Act.
Newspaper Details
Santa Fe New Mexican
Santa Fe, New Mexico, US
Wed, Oct 28, 1987
Page 55
Full Page
Clipped by
Myrna A.
USA 13 Sep 2020
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