JOHNSON EX REL. ESTATE OF CANO v. HOLMES

No. CIV-02-1239 JB/KBM.

377 F.Supp.2d 1051 (2004)

Scott JOHNSON, as personal representative of the estate of Graciela Cano a/k/a Grace Lee Bogey, deceased, and Lorena Torrez, Plaintiffs, v. Anne HOLMES, Bonnie Vehstedt, Karen Zarate, Lydia R. Saenz, Sonia Perez, Virginia Villareal, Vivian Encinias, Ginger Bowman, Denise H. Narvaez, Jane Doe, and John Doe in their individual capacities, the New Mexico Children, Youth and Families Department, Terry Bogey, a/k/a Teri Bogey, and Veronica Bogey, Defendants.

United States District Court, D. New Mexico.

September 30, 2004.


Attorney(s) appearing for the Case

Paul Kennedy, Mary Y.C. Han, Adam S. Baker, Kennedy & Han, P.C., Albuquerque, NM, for the Plaintiffs.

Tim Flynn-O'Brien, Bryan & Flynn-O'Brien, Albuquerque, NM, for Defendants Bonnie Vehstedt, Lydia R. Saenz, Karen Zarate, and Virginia Villareal.

Randolph B. Felker, Felker, Ish, Ritchie, & Geer, P.A., Santa Fe, NM, for Defendants Anne Holmes, Sonia (Sanchez) Perez, Ginger Bowman, Denise H. Narvaez, Vivian Encinias.

Jerry A. Walz, Walz and Associates, Cedar Crest, NM, for Defendants Veronica Bogey and Terry Bogey.

Michael Dickman, Law Office of Michael Dickman, Santa Fe, NM, for Defendant Children, Youth, and Families Department.


MEMORANDUM OPINION

BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant Villareal's Motion for Summary Judgment and Qualified Immunity Dismissing Count I and Memorandum in Support Thereof, filed March 16, 2003 (Doc. 55). The primary issue is whether Defendant Virginia Villareal acted in exercise of her professional judgment such that she is entitled to qualified immunity from this suit. Because the Court finds...

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