MORFIN v. ALBUQUERQUE PUBLIC SCHOOLS

No. 89-2140.

906 F.2d 1434 (1990)

Isabel MORFIN; Michael Kotlisky, Plaintiff-Appellants, v. ALBUQUERQUE PUBLIC SCHOOLS; Marilyn Davenport, Individually and as an agent for Albuquerque Public Schools; John Mondragon, Individually and as agent for Albuquerque Public Schools; Karen Hill, Individually and as an agent for Albuquerque Public Schools, Defendant-Appellees.

United States Court of Appeals, Tenth Circuit.

June 27, 1990.


Attorney(s) appearing for the Case

Eric Isbell-Sirotkin (Aaron Bartels, with him on the brief), of Girard Street Legal Clinic, Albuquerque, N.M., for plaintiff-appellants.

Gregory D. Huffaker, Jr. (David E. Brown, with him on the brief), of the Poole Law Firm, Albuquerque, N.M., for defendants-appellees.

Before ANDERSON and EBEL, Circuit Judges, and BROWN, District Judge.


STEPHEN H. ANDERSON, Circuit Judge.

Plaintiff-appellants Isabel Morfin and Michael Kotlisky appeal a summary judgment granted in favor of defendant-appellees Marilyn Davenport and John Mondragon.1 The plaintiffs claim that the defendants retaliated against them for engaging in constitutionally protected conduct. The district court held that some of the conduct was not protected, and that it was not clearly established at the time that...

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