[Download] "Begay V. State" by New Mexico Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Begay V. State
- Author : New Mexico Court of Appeals
- Release Date : January 10, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This is an appeal from the trial court's ruling on defendants' motion to dismiss pursuant to NMSA 1978, Civ.P. Rule 12(b)(6) (Repl. Pamp.1980), and alternatively, for lack of standing. The six original plaintiffs are all relatives of George Nelson, deceased. Hanogani Nez Bitsie was the decedent's mother; the other five plaintiffs were brothers or sisters of decedent and are parties to this appeal. Plaintiffs sought damages on the basis of an alleged wrongful decision to perform an autopsy on George Nelson. The type of damages recoverable, if any, are discussed in the brief but are not pertinent to this appeal. In its ruling on defendant's motion, the court ruled that Count I of plaintiffs' complaint (the decision to perform an autopsy on the body of George Nelson was made negligently and without adequate reason or justification) failed to state a claim upon which relief could be granted. The court further ruled that the decedent's brothers and sisters did not have standing to pursue Count II (defendants violated the autopsy statute requiring consent of the next of kin); Count III (interference with plaintiffs' free exercise of religion in violation of N.M. Const. art. II, § 11); and Count IV (the alleged conduct constituted a violation of federal constitutional rights giving rise to a cause of action under 42 U.S.C. § 1983). Decedent's mother was allowed to proceed against defendants with her claims under Counts II, III and IV.