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ARMIJO BY AND THROUGH CHAVEZ v. WAGON MOUND PUBLIC SCHOOLS

Nos. 97-2150, 97-2167.

159 F.3d 1253 (1998)

Philadelfio C. ARMIJO, a deceased minor, by and through his mother/father and next friends, Juanita D. CHAVEZ and Atanacio Armijo, Plaintiffs-Appellees-Cross-appellants, v. WAGON MOUND PUBLIC SCHOOLS; Wagon Mound Public School Board, Bob Bachen, Chairman, J.D. Schmidt, Vice-Chairman, Don Schultz, Secretary, Eldie Cruz and Herman Fernandez, Members; Tony Garcia, Superintendent; Mary Schutz, Principal; Tom Herrera, Counselor; and Pam C. Clouthier, Educational Aide; all of the above individually and in his/her official capacity, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

October 28, 1998.

Attorney(s) appearing for the Case

Kevin M. Brown, Brown & German, Albuquerque, New Mexico, for appellants/cross-appellees.

Adam G. Kurtz (Joe M. Romero, Jr. with him on the briefs), Romero & Associates, Albuquerque, New Mexico, for appellees/cross-appellants.

Before EBEL, HOLLOWAY and MURPHY, Circuit Judges.

EBEL, Circuit Judge.

After being suspended and driven home without parental notification, a special education student at a public school committed suicide. His parents brought a cause of action against the school district and various school officials alleging violation of their deceased son's civil rights. The district court denied the defendants' motion for summary judgment on the issue of qualified immunity. Defendants now appeal. Plaintiffs cross-appeal the district...

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