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ATENCIO v. BD. OF ED. OF PENASCO IND. SCH. DIST.

No. 78-1851.

658 F.2d 774 (1981)

Victor B. ATENCIO, Plaintiff-Appellee, v. BOARD OF EDUCATION OF PENASCO INDEPENDENT SCHOOL DISTRICT NO. 4; Candido Mascarenas, George Maestas, Pat Martinez, Wilfred Gallegos, Juan Martinez and Marcel Torres, individually and as members of the Board of Education of Penasco Independent School District No. 4, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided September 8, 1981.

Attorney(s) appearing for the Case

C. Emery Cuddy, Jr., Santa Fe, N. M. (Sumner S. Koch of White, Koch, Kelly & McCarthy, Santa Fe, N. M., was on the brief), for defendants-appellants.

Steven L. Tucker of Jones, Gallegos, Snead & Wertheim, P. A., Santa Fe, N. M., for plaintiff-appellee.

Jeff Bingaman, Atty. Gen. of N. M., and John F. Kennedy, Asst. Atty. Gen. of N. M., Santa Fe, N. M., on the brief, for the New Mexico State Board of Education, amicus curiae.

Before HOLLOWAY, BARRETT and DOYLE, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiff Victor B. Atencio brought this action under 42 U.S.C. § 1983 against the Board of Education of Penasco Independent School District No. 4 ("the Local Board") and its members. Atencio alleged that his discharge from his position as superintendent of the school district violated his constitutional right to procedural due process. After a non-jury trial the district court entered judgment for plaintiff for $27,965.65 as damages...

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