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BUTLER v. RIO RANCHO PUBLIC SCHOOLS BD. OF EDUC.

No. 02-2199.

341 F.3d 1197 (2003)

Stephen BUTLER, as parent and next friend of Joshua Butler, a Minor; Mary Butler, as parent and next friend of Joshua Butler, a Minor, Plaintiffs-Appellees, v. RIO RANCHO PUBLIC SCHOOLS BOARD OF EDUCATION, local public governing body of the State of New Mexico; Sue Cleveland; Gary Tripp; Sally Marquez, individuals; Gerard Hyatt; George Doe, in their individual and official capacities, Defendants-Appellants, City of Rio Rancho, a local public governing body of the State of New Mexico; Russ Apgar, Officer, in his individual and official capacity, Defendant, National School Boards Association; New Mexico School Boards Association; Colorado Association of School Boards; Oklahoma State School Boards Association; Utah School Boards Association; Wyoming School Boards Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 25, 2003.

Attorney(s) appearing for the Case

Joan M. Waters, Albuquerque, New Mexico, for Plaintiffs-Appellees.

Charlotte H. Hetherington (Andrew M. Sanchez with her on the briefs) of Cuddy, Kennedy, Hetherington, Albetta & Ives, LLP, Santa Fe, New Mexico, for Defendants-Appellants.

Julie K. Underwood and Thomas E.M. Hutton, National School Boards Association, Alexandria, Virginia, filed a brief on behalf of Amici Curiae.

Before EBEL, Circuit Judge, BRORBY, Senior Circuit Judge, and MURPHY, Circuit Judge.

BRORBY, Senior Circuit Judge.

Rio Rancho Public Schools Board of Education and certain school officials appeal a district court decision denying their motion to dismiss based on qualified immunity. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse. See Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985).

I. Background

The following facts are alleged in the amended complaint...

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