MALDONADO v. JOSEY

No. 91-2176.

975 F.2d 727 (1992)

Leroy MALDONADO, Personal Representative of the Estate of Mark P. Maldonado, Deceased, Plaintiff-Appellant, v. Anne JOSEY, Personal Representative of the Estate of Margaret Berry, Deceased; Butch McGowen; Paul Malano, in their individual capacities only, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 16, 1992.


Attorney(s) appearing for the Case

Stephen E. Tinkler (John B. Roesler, of Caldwell, Smith & Roesler, Santa Fe, N.M., and Ernesto J. Romero, of The Romero Law Firm, Albuquerque, N.M., with him on the briefs), Santa Fe, N.M., for plaintiff-appellant.

Kevin M. Brown (Stephen M. Williams, of Miller, Stratvert, Torgerson & Schlenker, P.A., with him on the brief), Albuquerque, N.M., for defendants-appellees.

Before SEYMOUR and TACHA, Circuit Judges, and BENSON, District Judge.


TACHA, Circuit Judge.

Appellant LeRoy Maldonado appeals an order of the district court granting summary judgment in favor of appellees. On appeal, Maldonado contends that the district court erred in granting summary judgment in favor of appellees on the basis of qualified immunity. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm on different grounds.

BACKGROUND

On March 16, 1987, Mark Maldonado, while attending Kearney Elementary...

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