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ARCHULETA v. LACUESTA

No. 96-2221.

131 F.3d 1359 (1997)

Rose ARCHULETA, Personal Representative of the Estate of Marvin Archuleta, Plaintiff—Appellee, v. Wesley LACUESTA, Ronald Hensinger, John Denko, New Mexico State Police Department, and New Mexico Department of Public Safety, Defendants—Appellants.

United States Court of Appeals, Tenth Circuit.

December 3, 1997.

Attorney(s) appearing for the Case

Robert R. Rothstein and John L. Sullivan, Rothstein, Donatelli, Hughes, Dahlstrom, Cron & Schoenburg, Santa Fe, New Mexico, for Plaintiff-Appellee.

Louis N. Colon, Legal Bureau/RMD, State of New Mexico, Santa Fe, New Mexico, for Defendants-Appellants.

Before ANDERSON, TACHA, and BALDOCK, Circuit Judges.

TACHA, Circuit Judge.

Plaintiff Rose Archuleta originally filed this action in New Mexico state court, seeking damages for violations of federal and state law. After Defendants removed the case to federal district court, Archuleta filed a motion to remand the action to state court. The district court granted the motion, ruling that the Eleventh Amendment barred some of the claims in federal court and further that the entire action, including the federal claims not...

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