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BUTLER EX REL. BUTLER v. RIO RANCHO PUBLIC SCHOOL BD. OF EDUC.

No. CIV.01-0466 M/WWD.

245 F.Supp.2d 1188 (2002)

Stephen BUTLER, and Mary Butler, as Parents and Next Friend of Joshua BUTLER, a Minor Plaintiffs, v. RIO RANCHO PUBLIC SCHOOL BOARD OF EDUCATION, a local public governing body of the State of New Mexico, Sue Cleveland, an individual, Gary Tripp, an individual, Sally Marquez, an individual, Gerard Hyatt, in his individual and official capacity, George Doe, in his individual and official capacity, City of Rio Rancho, a local public governing body of the State of New Mexico, and Officer Russ Apgar, in his individual and official capacity, Defendants.

United States District Court, D. New Mexico.

Order Denying Reconsideration, July 16, 2002.

Attorney(s) appearing for the Case

Joan M. Waters, Albuquerque, NM, for Stephen Butler, Mary Butler. Frank J. Albetta, Simons, Cuddy & Friedman, Santa Fe, NM, Charlotte H. Hetherington, Naomi Julia Barnes, Cuddy, Kenndey, Hetherington, Albetta & Ives, Santa Fe, NM, for Rio Rancho Public School Dist., Rio Rancho Public Schools Bd. of Educ, Sue Cleveland, Gary Tripp, Sally Marquez, Gerard Hyatt, George Doe.

Christina Anaya, French & Associates, Albuquerque, NM, for City of Rio Ranchi, Russ Apgar.

Patricia G. Williams, City of Albuquerque, NM, for Brian Fitzpatrick.

George R. McFall, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, NM, for Eddie Soto.

MEMORANDUM OPINION AND ORDER

MECHEM, Senior District Judge.

THIS MATTER comes before me on a Motion to Dismiss on behalf of Defendants Rio Rancho Public Schools Board of Education, Sue Cleveland, Gary Tripp, Gerard Hyatt and George Doe. Collectively these are the Rio Rancho Public School (RRPS) Defendants. Having reviewed the moving papers of the parties, I find that the Motion to Dismiss is granted in part and denied in part. Counts II, III, XII...

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