APODACA v. RIO ARRIBA COUNTY SHERIFF'S DEPT.

Civ. No. 86-0005 BB.

647 F.Supp. 752 (1986)

John APODACA, Individually and as Personal Representative of the Estate of Theresa Apodaca, Deceased; and Lorraine Apodaca, Plaintiffs, v. RIO ARRIBA COUNTY SHERIFF'S DEPARTMENT; the County of Rio Arriba; the Rio Arriba Board of County Commissioners; Ben Martinez, Individually and in his Official Capacity as Sheriff of Rio Arriba County; Emilio Naranjo, Individually and in His Official Capacity as Rio Arriba County Manager; and Delaino Romero, Individually and in His Official Capacity as a Rio Arriba County Deputy Sheriff, Defendants.

United States District Court, D. New Mexico.

November 3, 1986.


Attorney(s) appearing for the Case

Richard Rosenstock, Chama, N.M., Rothstein, Bailey, Bennett, Daly & Donatelli, Robert R. Rothstein, Santa Fe, N.M., for plaintiffs.

Rick Puglisi, William C. Madison, Montgomery & Andrews, P.A., Jeffrey Twersky, Kenneth L. Harrigan, Douglas A. Baker, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, N.M., for defendants.

White, Koch, Kelly & McCarthy, P.A., David F. Cunningham, Santa Fe, N.M., for Ben Martinez.


MEMORANDUM OPINION

BALDOCK, Circuit Judge, Sitting by Assignment.

This matter comes on for consideration of Defendants' Motion to Dismiss, filed February 11, 1986 (Pleading No. 14). The court, having considered the memoranda submitted by the parties and the relevant law, finds that the motion is well taken and should be granted.

Plaintiffs, the estate of Theresa Apodaca, and decedent's parents, John and Lorraine Apodaca, have filed a two-count cause...

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