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MARTINEZ v. MAFCHIR

No. 93-2007.

35 F.3d 1486 (1994)

Sharon MARTINEZ, Individually and as parent and next friend of Rose Martinez, Plaintiff-Appellant, v. Polly MAFCHIR, Lou Gallegos, Jack Callahan, Roberto Samora, Rosemary Roybal, and Audrey Druva, in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 27, 1994.

Attorney(s) appearing for the Case

Fred Abramowitz, and Elizabeth E. Simpson, of Tomita & Simpson, P.C., Albuquerque, NM, for plaintiff-appellant.

Judith C. Herrera and Michael D. Baird, of Herrera, Baird & Long, P.A., Santa Fe, NM, for defendants-appellees.

Before ANDERSON, McKAY, and TACHA, Circuit Judges.

TACHA, Circuit Judge.

Plaintiff Sharon Martinez filed an action under 42 U.S.C. § 1983 alleging Fourteenth Amendment substantive and procedural due process violations arising out of defendants' actions in pursuing a neglect and abuse petition seeking legal custody of her daughter, plaintiff Rose Martinez. The district court granted defendants' summary judgment motion. Plaintiffs appeal. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

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