YSAIS v. RICHARDSON

No. 09-2111.

603 F.3d 1175 (2010)

Christopher Ynocensio YSAIS, Plaintiff-Appellant, v. Bill RICHARDSON, individually and in his official capacity as Governor, State of New Mexico; Mary-Dale Bolson, individually and in her capacity as Cabinet Secretary of the Department of Children Youth and Family, State of New Mexico; Karen Price, individually and in her official capacity as Agency Head of Children Youth and Family, State of New Mexico; David Montoya, individually and in his official capacity of Supervisor of Children Youth and Family, State of New Mexico; Julie Bodenner, individually and in her official capacity of Supervisor of Children Youth and Family, State of New Mexico; Jennifer Lynn, individually and as an employee of Children Youth and Family, State of New Mexico; State of New Mexico, Second Judicial District Court; Family Court Clinic Division; Beth Roth, individually and in her capacity as Supervisor of the Family Court Clinic Division of the Second Judicial District Court; Terry Ashcom, individually and in her capacity as an employee of the Family Court Clinic Division of the Second Judicial District Court; Diann Sheppard, individually and in her capacity as an employee of the Family Court Clinic Division of the Second Judicial District Court; Rio Rancho Police Department; Chris Pino, in his capacity as an Investigative Sergeant of the Rio Rancho Police Department; Jeff Chavez, individually and in his capacity as a Rio Rancho Police Officer; Brian Link, individually and as a Detective in the Rio Rancho Police Department; Abrazos, Inc.; Elizabeth Sims, individually and in her capacity as an employee of Abrazos; Presbyterian Hospital; Mary Dentz, individually and in her capacity as a Nurse Practitioner employed by Presbyterian Hospital; Karen Walsh, individually and in her capacity as a Doctor employed by Presbyterian Hospital; University of New Mexico Hospital; Carol Clericuzio, individually and in her capacity as an employee of the University of New Mexico Hospital; Judith Ledman, individually and in her capacity as a Doctor employed by University of New Mexico Hospital; Rio Rancho Public Schools; Shining Stars Pre-School; Joan Hromas, individually and in her capacity as an employee of Rio Rancho Public Schools; 13th Judicial District Attorney's Office; Carlos Elizando, individually and in his capacity as an Assistant District Attorney; Jody Carrasco, individually and in her capacity as an employee of the 13th Judicial District Attorney's Office; Tammy Rosen, individually and in her capacity as owner of Memorable Moments Daycare; Donna Earl, individually and in her capacity as owner of Cozy Daycare; Gayle Zieman, in his capacity as contractor with the Second Judicial District Court Family Clinic; Haven House; Consuelo Leyba; Anthony Leyba; State of New Mexico, Second Judicial District, Family Clinic Division; Jane Doe, 1, individually and in her capacity as an employee of Abrazos, Inc.; John Doe, 1, individually and in his capacity as an employee of Abrazos, Inc.; Memorable Moments Daycare; Cozy Daycare; City of Rio Rancho; Abrazos Family Support Services, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 27, 2010.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Christopher Ynocensio Ysais, Appellant-Pro Se.

Kevin M. Brown, Joel M. Young, The Brown Law Firm, Albuquerque, NM, for Appellees Rio Rancho Public Schools, Shining Stars Pre-School, and Joan Hromas.

Kathleen M. Wilson, Mariposa Padilla Sivage, Keleher & McLeod, P.A., Albuquerque, NM, for Appellee Dr. Gayle Zieman.

Nancy Franchini, Gallagher, Casados & Mann, P.C., Albuquerque, NM, for Appellees Abrazos and Elizabeth Sims.

Before LUCERO, PORFILIO, and MURPHY, Circuit Judges.


PORFILIO, Circuit Judge.

After he was acquitted of criminal child abuse charges, Christopher Ynocensio Ysais brought this action against various defendants charging violations of his civil rights. He alleged causes of action pursuant to 42 U.S.C. § 1983 and state law. The district court eventually dismissed all defendants, primarily on the basis of various forms of immunity. Mr. Ysais appeals. We dismiss his appeal in part for lack of jurisdiction, and affirm...

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