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Eric Miller v. City of Albuquerque Personnel Board

Paid petition · District Court of New Mexico, Bernalillo County, No. D-202-CV-2021-04615 · judgment May 19, 2022


Certiorari denied · March 27, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Title 42 U.S.C. § 1983 provides in pertinent part; “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, or other proper proceeding for redress. This case involves the division heads of the City of Albuquerque New Mexico Transportation Department usurping all authority of the city’s Article X Charter, which provides procedures for weighing the conduct of an employee for discharge, § 3-1-1, App. 62a, by forging the director’s initials on eight (8) memorandums in violation of NMSA 1978, § 30-16-10(A), without The Chief Administrative

Counsel of record

For petitioner
Eric Miller

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 27 2023
    Petition DENIED.
  2. Mar 08 2023
    DISTRIBUTED for Conference of 3/24/2023.
  3. Jan 05 2023
    Petition for a writ of certiorari filed. (Response due February 21, 2023)