With no explanation, chose the best option from "A", "B", "C" or "D". asserted against the state defendants, explaining why none was legally viable. Count I against Officer Sanchez for negligently classifying Mr. Lymon for kitchen work, and Count II against Cap-' tain Hernandez for negligently denying access to the formal grievance process and thereby insulating Sanchez and Aramark from legal, accountability, failed because the New Mexico Tort Claims Act (NMTCA) did not waive governmental immunity for the alleged conduct. Specifically, N.M. Stat. § 41-4-6, which waives immunity for “operation or maintenance of any building,” concerns unsafe conditions on government property and does not apply to the administrative functions involved here. Lymon, 728 F.Supp.2d at 1266-68 (relying primarily on Archibeque v. Moya, 116 N.M. 616, 866 P.2d 344, 347 (1993) (<HOLDING>)). And N.M. Stat. § 41-4-12, which waives

A: holding that the waiver of sovereign immunity must be clear and unequivocal
B: holding that the alien tort statute itself is not a waiver of sovereign immunity
C: holding that claims not pursued within two years of their accrual fall outside of the federal tort claims acts limited waiver of sovereign immunity
D: holding prisons negligent classification of prisoner fell outside waiver of immunity
D.