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McCLANAHAN v. COCHISE COLLEGE

No. 2 CA-CIV 1838.

25 Ariz. App. 233 (1975)

542 P.2d 426

Donald McCLANAHAN and Phyllis McClanahan, husband and wife, Appellants, v. COCHISE COLLEGE, State of Arizona, the Governing Board of Cochise College, Charles O. Bloomquist, Matthew W. Borowiec, Dr. Charles C. Di Peso, Edward J. Donnelly, and Fred A. Dunsmore, Individually and as members of the Cochise College Governing Board, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 18, 1975.

Review Denied January 20, 1976.

Attorney(s) appearing for the Case

W. Edward Morgan, Tucson, for appellants.

Bruce E. Babbitt, The Atty. Gen. by John S. O'Dowd, Asst. Atty. Gen., Tucson, for appellees.

SUPPLEMENTAL OPINION ON REHEARING

HOWARD, Chief Judge.

In their motion for rehearing appellees attack our holding that the complaint stated a claim for relief under 42 U.S.C.A. Sec. 1983. They claim that good faith is a defense and that since the complaint failed to allege that the members of the district board acted in bad faith, no claim for relief was stated.

A.R.S. Sec. 15-678 provides that members of the district board are immune from personal...

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