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B.T. v. DAVID

No. CIV-05-1165 JB/RLP.

557 F.Supp.2d 1262 (2007)

B.T., a minor child, by and through his father, legal guardian, and next friend, G.T., Plaintiff, v. Michael J. DAVIS, in his individual capacity, Marilyn Scargall, in her individual capacity, Willie Brown, in his individual capacity, and John Does V, Defendants.

United States District Court, D. New Mexico.

July 31, 2007.

Attorney(s) appearing for the Case

Sylvia F. LaMar, Debra D. Poulin, Santa Fe, NM, and Nancy L. Simmons, The Law Offices of Nancy L. Simmons, P.C., Albuquerque, NM, for Plaintiff.

Stephen S. Hamilton, Emma R. Brittain, Holly Agajanian, Montgomery & Andrews, P.A., Santa Fe, NM, for Defendants', New Mexico Public Education Department, Michael J. Davis; Willie Brown, and Marilyn Scargall.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Motion for Summary Judgment Based on Qualified Immunity, filed April 17, 2007 (Doc. 86). The primary issue is whether the Court should grant Defendants Michael Davis, Marilyn Scargall, and Willie Brown summary judgment because qualified immunity bars the remaining claims against them. Because the Court concludes that Plaintiff B.T., a minor child...

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