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1 SANDIA V. RIVERA, 2002-NMCA-057, 132 N.M. 201, 46 P.3d 108 GERALDINE F. SANDIA, Plaintiff-Appellant, vs. RAY V. RIVERA, Defendant-Appellee.
Docket No. 22,090 COURT OF APPEALS OF NEW MEXICO 2002-NMCA-057, 132 N.M. 201, 46 P.3d 108 April 12, 2002, Filed APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY. Kenneth G. Brown, District Judge. COUNSEL Timothy R. Hasson Community & Indian Legal Services, Inc. Fairview, NM for Appellant. Kevin M. Brown Daniel J. Macke Brown & German Albuquerque, NM for Appellee. JUDGES JONATHAN B. SUTIN, Judge. WE CONCUR: CELIA FOY CASTILLO, Judge IRA ROBINSON, Judge. AUTHOR: JONATHAN B. SUTIN OPINION

{*202} SUTIN, Judge. {1} Plaintiff Geraldine F. Sandia's inoperable vehicle was towed from the side of a road at the direction of a deputy sheriff. Sandia was unable to make satisfactory arrangements with the towing company to remove the company's statutory lien. The towing company later bought Sandia's vehicle at its own auction. Sandia sued the towing company, the State Motor Vehicle Division, and the Sandoval County Sheriff. She claimed a due process deprivation against the Sheriff because she was not given a hearing on the validity of the decision to have the vehicle towed. This appeal involves solely the district court's grant of summary judgment in favor of the Sheriff. We reverse. BACKGROUND {2} Sandia was the co-owner along with her nephew, Jaime Loretto, of a 1996 pickup truck. While using the truck, Jaime had a one-vehicle accident which included two flat tires. Jaime left the truck on the side of the road while he went for help. A Sandoval County deputy sheriff saw the vehicle, checked to see whether it was reported stolen, and tried to locate the owner. The deputy determined the vehicle was in an unsafe area and should be towed. {3} The deputy asked Trujillo Towing (Trujillo) to tow the truck to its impound lot. Trujillo

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