{
  "id": 5334729,
  "name": "Robert J. BUDAGHER, Plaintiff-Appellee, v. The NEW MEXICO STATE POLICE BOARD et al., Defendants-Appellants",
  "name_abbreviation": "Budagher v. New Mexico State Police Board",
  "decision_date": "1971-07-26",
  "docket_number": "No. 9196",
  "first_page": "787",
  "last_page": "788",
  "citations": [
    {
      "type": "official",
      "cite": "82 N.M. 787"
    },
    {
      "type": "parallel",
      "cite": "487 P.2d 489"
    }
  ],
  "court": {
    "name_abbreviation": "N.M.",
    "id": 8835,
    "name": "Supreme Court of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 204,
    "char_count": 2519,
    "ocr_confidence": 0.691,
    "sha256": "0920330b67bb138b688ddf6f77c89b5b0bb82d007399a8a38c856e7bb8c75e6d",
    "simhash": "1:1d191048c5c61dcf",
    "word_count": 403
  },
  "last_updated": "2023-07-14T17:16:32.756560+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "McMANUS and OMAN, JJ., concur."
    ],
    "parties": [
      "Robert J. BUDAGHER, Plaintiff-Appellee, v. The NEW MEXICO STATE POLICE BOARD et al., Defendants-Appellants."
    ],
    "opinions": [
      {
        "text": "OPINION\nCOMPTON, Chief Justice.\nThis is an appeal by the New Mexico State Police Board from an order reinstating appellee as a senior patrolman in the State Police Department.\nAppellee was commissioned as an officer of the New Mexico State Police in 1949. On January 26, 1960, he sustained injuries in an automobile accident while on duty. Injuries from that accident forced appellee to use all his available sick leave.\nOn July 5, 1960, after having used all his available sick leave, appellee requested, in writing, a leave of absence until such time as his physical condition would permit him to perform the duties of a highway patrolman.\nAnswering appellee\u2019s request for leave of absence, Chief A. P. Winston, Jr., of the New Mexico State Police, then stated:\n\u201cYou are advised, therefore, that effective July 1st you have exhausted your accumulative sick leave and your employment has been terminated from this department.\u201d\nOn April 9, 1968, appellee applied for reinstatement which was refused. The cause was then tried to the court and from the order reinstating appellee, the Board has appealed.\nWe think the trial court misconstrued the force of the pertinent statute and the regulatory rule promulgated by the State Police Board. Section 7 of the rule filed with the Librarian of the New Mexico Supreme Court on November 30, 1959, pursuant to \u00a7 39-2-21, N.M.S.A.1953, referring to leaves of absence, states:\n\u201cNo member of the department will be granted a leave with or without pay. Member must re-qualify after any leave from the department before re-employment.\u201d\nIt is clear that under no circumstances could such leave of absence from the police department be granted.\nWe therefore conclude that appellee\u2019s request for leave of absence which could not be authorized and his physical inability to perform the functions of his job as a senior patrolman, constituted a voluntary resignation, not a termination governed by \u00a7 39-2-11, N.M.S.A.1953, as found by the trial court.\nThis court has considered all points raised by appellee and they are not persuasive. The order appealed from should be reversed.\nIt is so ordered.\nMcMANUS and OMAN, JJ., concur.",
        "type": "majority",
        "author": "COMPTON, Chief Justice."
      }
    ],
    "attorneys": [
      "David L. Norvell, Atty. Gen., Joyce Blalock, Sp. Asst. Atty. Gen., Santa Fe, for defendants-appellants.",
      "Matteucci, Franchini, Calkins & Michael, Albuquerque, for plaintiff-appellee."
    ],
    "corrections": "",
    "head_matter": "487 P.2d 489\nRobert J. BUDAGHER, Plaintiff-Appellee, v. The NEW MEXICO STATE POLICE BOARD et al., Defendants-Appellants.\nNo. 9196.\nSupreme Court of New Mexico.\nJuly 26, 1971.\nDavid L. Norvell, Atty. Gen., Joyce Blalock, Sp. Asst. Atty. Gen., Santa Fe, for defendants-appellants.\nMatteucci, Franchini, Calkins & Michael, Albuquerque, for plaintiff-appellee."
  },
  "file_name": "0787-01",
  "first_page_order": 843,
  "last_page_order": 844
}