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ZAMORA v. POMEROY

No. 79-1611.

639 F.2d 662 (1981)

Grace ZAMORA, as Parent and Natural Guardian on behalf of Vidal Shawn (Lolly) Zamora, a minor child, Appellant, v. H. Fred POMEROY; Truett Worley; Elgin Mallory; H. C. Prichard; Dr. Morton Dann; Dr. Robert Smith; Stuart D. Shanor and Jane H. Baldock, individually and in their official capacity, Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 26, 1981.

Attorney(s) appearing for the Case

Ramon I. Garcia and Antonio V. Silva, Southern New Mexico Legal Services, Roswell, N. M., for appellant.

John W. Bassett, Jr., of Atwood, Malone, Mann & Cooter, P. A., Roswell, N. M., for appellees.

Before BARRETT, DOYLE, McKAY, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This civil action was brought by the mother of an allegedly aggrieved high school student who maintains that his civil rights were violated contrary to 42 U.S.C. § 1983, Civil Rights Act of 1871. The son is a minor and hence the suit was brought on his behalf. The source of the claim is the conducting of a warrantless search of his school locker. That search revealed the presence of marijuana and the alternate contentions are...

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