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GARCIA BY GARCIA v. MIERA

No. 85-1641.

817 F.2d 650 (1987)

Teresa GARCIA, a minor, by her next friends Max and Sandra GARCIA, Plaintiff-Appellant, v. Theresa MIERA, J.D. Sanchez, Edward Leyba, Judi Mestas, and Felix Duran, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 28, 1987.

Attorney(s) appearing for the Case

John B. Roesler of Wolfe, Roesler, Romero & Lamar, Santa Fe, N.M., for plaintiff-appellant.

Daniel H. Friedman of Simons, Cuddy & Friedman, Santa Fe, N.M., for defendants-appellees.

Before HOLLOWAY, Chief Judge, LOGAN, Circuit Judge, and BOHANON, District Judge.

LOGAN, Circuit Judge.

In this appeal we review a district court's grant of summary judgment, finding that school officials involved in two incidents of corporal punishment were insulated from liability under 42 U.S.C. § 1983 by qualified immunity.

Teresa Garcia, an elementary school pupil in New Mexico, by her parents and next friends, Max and Sandra Garcia, sued the defendants in their individual capacities for denying her substantive due process in...

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