AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The plaintiffs filed a case against the Albuquerque Police Department, Detective Tim Fassler, Detective John Dear, and the City of Albuquerque. The case was dismissed by the district court for improper venue and was subsequently remanded back to the Thirteenth Judicial District Court by a federal district court after the dismissal of the federal claims.

Procedural History

• Federal District Court: Remanded the case to the Thirteenth Judicial District Court following the dismissal of the federal claims (para 2).

Parties' Submissions

• Plaintiffs-Appellants: Argued that the district court was incorrect in dismissing the complaint for lack of proper venue, especially considering the federal district court's order remanding the case to the Thirteenth Judicial District Court (para 2).
• Defendants-Appellees: [Not applicable or not found]

Legal Issues

• Whether the district court erred in dismissing the case for improper venue.

Disposition

• The Court of Appeals affirmed the district court's order dismissing the case without prejudice for improper venue (para 3).

Reasons

• Per Ives, J., with Hanisee, J., and Bogardus, J., concurring: The Court of Appeals remained unpersuaded by the plaintiffs' memorandum in opposition, which reiterated points made in their docketing statement without addressing the specific analysis or responding to the arguments contained in the Court's notice of proposed disposition. The plaintiffs failed to assert any new facts, law, or argument that would persuade the Court that the notice of proposed disposition was erroneous. The decision to affirm was based on the plaintiffs' inability to clearly point out errors in fact or law in their response to the summary calendar notice (paras 1-3).