Here is the opinion in Loya v. Gutierrez (N.M. App.).

An excerpt:

In this case, the issue before us is whether the County of Santa Fe (the County) has a duty to defend or indemnify a tribal police officer who, while exercising his authority as a commissioned County sheriff’s deputy, unlawfully arrested a non-Indian person within the exterior boundaries of the Pueblo of Pojoaque (the Pueblo). The district court concluded  that the County did not have a duty to defend and/or indemnify Officer Glen Gutierrez because he was not a “public employee” or “law enforcement officer” of a “governmental entity” as those terms are defined by the New Mexico Tort Claims Act (the TCA), NMSA 1978, §§ 41-4-1 to -30 (1976, as amended through 2013). See § 41-4-3. We agree with the district court and affirm.