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ABEYTA BY MARTINEZ v. CHAMA VALLEY INDEPEND. SCH.

No. 94-2283.

77 F.3d 1253 (1996)

Stephanie ABEYTA, a minor, by and through her next friends Susie MARTINEZ and Raymond Martinez, Plaintiff-Counter-Defendant-Appellee, v. CHAMA VALLEY INDEPENDENT SCHOOL DISTRICT, NO. 19, Defendant-Counter-Claimant, and Peter Casados, in his individual capacity, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 22, 1996.

Attorney(s) appearing for the Case

Gregory L. Biehler and Lisa A. Joynes, of Beall, Biehler & Bannerman, Albuquerque, New Mexico, for Defendant-Counter-Claimant-Appellant.

John B. Roesler and Stephen E. Tinkler, Santa Fe, New Mexico, for Plaintiff-Counter-Defendant-Appellee.

Before BRISCOE, LOGAN, Circuit Judges, and THOMPSON, District Judge.

LOGAN, Circuit Judge.

I

The plaintiff in this case is a twelve-year-old female student whose teacher allegedly called her a prostitute in front of the class and continued to call her that over a month-and-a-half period. The only issue we need to decide is whether the student's complaint against her teacher states a violation of her substantive due process rights cognizable under 42 U.S.C. § 1983.1

Plaintiff Stephanie...

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