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.https://leagle.com/images/logo.png
September 30, 2004.
September 30, 2004.
Attorney(s) appearing for the Case
Paul Kennedy, Mary Y.C. Han, Adam S. Baker, Kennedy & Han, P.C., Albuquerque, for the Plaintiffs.
Tim Flynn-O'Brien, Bryan & Flynn-O'Brien, Albuquerque, for Defendants Lydia R. Saenz, Bonnie Vehstedt, Karen Zarate & Virginia Villarreal.
Randolph B. Felker, Felker, Ish, Ritchie & Geer, P.A., Santa Fe, for Defendants Sonia Perez Sanchez and Anne Holmes.
Michael Dickman, Law Office of Michael Dickman, Santa Fe, for Defendant New Mexico Children Youth and Families Department.
Jerry A. Walz, Anthony (T.J.) J. Trujillo, Walz and Associates, Cedar Crest, for the Defendants Veronica Bogey and Terry Bogey.
United States District Court, D. New Mexico.
MEMORANDUM OPINION
BROWNING, District Judge.
THIS MATTER comes before the Court on the CYFD Defendants Holmes, Perez, Encinias, Bowman and Narvaez' Motion to Dismiss Count VII, filed March 13, 2003 (Doc. 49). The primary issue is whether § 671(a)(9) of the Adoption Assistance and Child Welfare Act ("AACWA") — directly or through 42 U.S.C. § 1983 — confers a private right of action for damages. Because the Court...
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