WHITLEY v. NEW MEXICO CHILDREN, YOUTH & FAMILIES

No. CIV.00-1101-LCS.

184 F.Supp.2d 1146 (2001)

Joseph E. WHITLEY, Guardian Ad Litem for M.P., a minor, Plaintiff, v. NEW MEXICO CHILDREN, YOUTH & FAMILIES DEPARTMENT; Deborah Hartz, as Secretary of the New Mexico Children, Youth & Families Department and as an individual acting under color of state law; Karen Zarate, Susan W. Drake and Cecilia Rosales, as individuals acting under color of state law and in their official capacity as employees of the New Mexico Children, Youth & Families Department; Mesilla Valley General Partnership, a New Mexico general partnership d/b/a Mesilla Valley Hospital, Mesilla Valley Mental Health Associates, Inc., a New Mexico corporation, as general partners of Mesilla Valley General Partnership, and all as persons acting under color of state law; Jaime Michel, M.D.; Tommye Wilhite, R.N., Ruth Burkhart, R.N.C.;Carlos Trujillo, R.M.H.C.; and John Does I and II, as individuals acting under color of state law, Defendants.

United States District Court, D. New Mexico.

July 26, 2001.


Attorney(s) appearing for the Case

Martin E. Threet, Joey Bart Wright, Martin E. Threet & Associates, Albuquerque, NM, for Plaitiff.

Leonard J. Piazza, Sandenaw, Carrillo & Piazza, PC, Las Cruces, NM, for State Defendants.

William P. Gralow, Civerolo, Gralow & Hill, P.A., Albuquerque, NM, for Mesilla Valley Hospital Defendants.

Remo E. Gay Jr., Butkus, Gay & Jahner, PC, Albuquerque, NM, for Defendant Michel.


MEMORANDUM OPINION AND ORDER

SMITH, United States Magistrate Judge.

THIS MATTER came before the Court on Defendant Deborah Hartz, Karen Zarate, Susan W. Drake, Cecilia Rosales and Children Youth and Families Department's (hereinafter "Governmental Defendants") Motion for Summary Judgment (Doc. 82), filed June 5, 2001. The United States Magistrate Judge, acting upon consent and designation...

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