B.T. EX REL. G.T. v. SANTA FE PUBLIC SCHOOLS

No. CIV-05-1165 JB/RLP.

506 F.Supp.2d 718 (2007)

B.T., a minor child, by and through his father, legal guardian, and next friend, G.T., Plaintiff, v. SANTA FE PUBLIC SCHOOLS; Gloria Rendon, Superintendent of the Santa Fe Public Schools, individually and in her official capacity; Vicki Sewing, Principal of Salazar Elementary School, individually and in her official capacity; Ernest Frank Dominguez, III, individually and in his official capacity; and the New Mexico Public Education Department; and Michael J. Davis, Superintendent of Public instruction, individually and in his official capacity; Marilyn Scargall, Director of the Professional Licensure Unit of the Nmsbe, individually and in her official capacity; Willie Brown, attorney Investigator for the Professional Licensure Unit of the Nmsbe, individually and in his official capacity; Tucumcari Municipal Schools; Felix R. Jimenez, Superintendent of the Tucumcari Municipal Schools, individually and in his official capacity; and Allie Pelayo, as Principal of Granger Elementary Schools, individually and in her official capacity, and Frank Albetta, Defendants.

United States District Court, D. New Mexico.

March 12, 2007.


Attorney(s) appearing for the Case

Debra D. Poulin, Law Office of Debra Poulin, Sylvia F. Lamar, Santa Fe, NM, Nancy L. Simmons, Albuquerque, NM, for Plaintiff.

Stephen G. French, Robyn B. Hoffman, French & Assoc., Albuquerque, NM, for Santa Fe Public Schools, Gloria Rendon, Cynthia Sanchez, defendants.

John S. Stiff, John S. Stiff & Assoc., L.L.C., Albuquerque, NM, for Vicki Sewing, defendant.

Emma Brittain, Stephen S. Hamilton, Montgomery & Andrews, P.A., Santa Fe, NM, for New Mexico Public Educ. Dept., Michael J. Davis, Willie Brown, Marilyn Scargall, defendants.

Kevin M. Brown, Brown & German, Albuquerque, NM, for Ernest Frank Dominguez, II, defendant.

Nancy E. Nickerson, Coppler & Mannick, P.C., Santa Fe, NM, for Tucumcari Municipal Schools, Felix R. Jimenez, Allie Pelayo, defendants.

Gregory L. Biehler, Beall & Biehler, Albuquerque, NM, for Frank Albetta, defendant.


MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Motion to Dismiss Defendants Marilyn Scargall and Willie Brown, filed April 21, 2006 (Doc. 36)("Motion to Dismiss"). The Court held a hearing on the motion on August 4, 2006. The primary issue is whether absolute immunity protects Defendants Marilyn Scargall and Willie Brown from all...

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