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MARTINEZ v. BD. OF EDUC. OF TAOS MUN. SCH. DIST.

Nos. 83-1680, 83-1764.

748 F.2d 1393 (1984)

Charles R. MARTINEZ, Plaintiff-Appellant, Cross-Appellee, v. The BOARD OF EDUCATION OF the TAOS MUNICIPAL SCHOOL DISTRICT and Members Tina V. Martinez, Gabriel Chavez, Alex Medina and Arsenio Cordova, individually and as members of said Board, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

November 21, 1984.

Attorney(s) appearing for the Case

Michael D. Bustamante, Ortega & Snead, P.A., Albuquerque, N.M., for plaintiff-appellant, cross-appellee.

Daniel H. Friedman, Simons, Cuddy & Friedman, Santa Fe, N.M. (C. Emery Cuddy, Jr., Santa Fe, N.M., with him on brief), for defendants-appellees, cross-appellants.

Before HOLLOWAY, Chief Judge, and SETH and BARRETT, Circuit Judges.

SETH, Circuit Judge.

This is an action for damages against a local school board and against members in their individual and official capacities. Plaintiff asserts that he was terminated as Superintendent because of his "real or imagined" political activities in the school board election.

Before trial defendants moved to have the Board and individuals in their official capacities dismissed under the Eleventh Amendment...

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