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STATE OF N.M. EX REL. CANDELARIA v. ALBUQUERQUE

No. 84-1516.

768 F.2d 1207 (1985)

STATE OF NEW MEXICO, ex rel., Rose CANDELARIA, as Personal Representative of the Estate of Billy Candelaria, deceased, Plaintiffs-Appellants, v. CITY OF ALBUQUERQUE, Middle Rio Grande Conservancy District, and County of Bernalillo, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 29, 1985.

Attorney(s) appearing for the Case

Chris Lucero, Jr., Albuquerque, N.M. (John B. Leyba, Albuquerque, N.M., with him on brief), for plaintiffs-appellants.

Mark S. Jaffe, Albuquerque, N.M., for defendant-appellee, City of Albuquerque.

Paul L. Civerolo, Albuquerque, N.M. (Carl J. Butkus, Albuquerque, N.M., with him on brief) of Civerolo, Hansen & Wolf, P.A., Albuquerque, N.M., for defendant-appellee, Bernalillo County.

Ray Shollenbarger, Jr., Albuquerque, N.M. filed a brief for defendant-appellee, Middle Rio Grande Conservancy Dist.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

McKAY, Circuit Judge.

This case arises out of the death of a young Mexican youth who drowned in an inadequately maintained syphon culvert. Plaintiff brought suit against the City of Albuquerque, the County of Bernalillo and the Middle Rio Grande Conservancy District alleging that Billy Candelaria's death violated his civil rights. Specifically, the complaint alleged causes of action under 42 U.S.C. §§ 1981, 1983 and 1985.

The district court dismissed...

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