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SH.A. EX REL. J.A. v. TUCUMCARI MUN. SCHOOLS

No. 02-2108.

321 F.3d 1285 (2003)

SH.A., as Parent and Next Friend of J.A., a minor child, and S.A., as Parent and Next Friend of R.A., a minor child, Plaintiffs-Appellees, v. TUCUMCARI MUNICIPAL SCHOOLS; The Board of Education of the Tucumcari Municipal Schools; Felix R. Jimenez, Superintendent of the Board of Education of the Tucumcari Municipal Schools; Edward Encinias; Kelly McFarland; Joan Denton; Rex Kirksey; Marcello Valverde, in their capacity as members of the Board of Education of the Tucumcari Municipal Schools; Allie Pelayo, individually and as Principal of Granger Elementary School, Defendants, and Ernest F. Dominguez, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 11, 2003.

Attorney(s) appearing for the Case

Kevin M. Brown (Daniel J. Macke, with him on the briefs), of Brown & German, Albuquerque, NM, for Defendant-Appellant.

M. Clea Gutterson, of Civerolo, Gralow & Hill, Albuquerque, NM, for Plaintiffs-Appellees.

Before SEYMOUR, EBEL and BRISCOE, Circuit Judges.

SEYMOUR, Circuit Judge.

This is a civil rights action brought on behalf of two male children, J.A. and R.A., against, inter alia, Ernest F. Dominguez, a teacher at their elementary school. The district court denied Mr. Dominguez' motion for summary judgment based on qualified immunity. We affirm.

I

The facts underlying this litigation are essentially undisputed. The conduct at issue began in the spring of 1997 and continued through the spring...

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