HODGE v. LYND

No. 98-Civ-1450-BB/JHG.

88 F.Supp.2d 1234 (2000)

Jimmy HODGE, Parent and Next Friend of Jerry Hodge, a Minor, Plaintiff, v. S.T. LYND, Deputy Sheriff of Lea County, and John Gates, Sheriff of Lea County, acting in their official capacity with Lea County, New Mexico, Defendants.

United States District Court, D. New Mexico.

March 14, 2000.


Attorney(s) appearing for the Case

C. Barry Crutchfield, Templeman & Crutchfield, Lovington, NM, for plaintiff.

Gregory L. Biehler, Beall & Biehler, Albuquerque, NM, for defendants.


OPINION

BLACK, District Judge.

THIS MATTER comes before the Court for consideration of the merits, in a somewhat unusual procedural posture. The parties have submitted a set of stipulated facts and ask this Court to render its decision on the basis of those facts. The Court has reviewed those stipulated facts, the parties' briefs, and the relevant law. For the reasons set forth below, the Court will find in favor of Plaintiff and set the matter of...

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