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ROSS v. THE BOARD OF REGENTS, UNIVER., NEW MEXICO

No. 08-2253.

599 F.3d 1114 (2010)

Elvin ROSS, Sr.; Jerry Ross; Tom Ross; Ken Ross; Cynthia Ross; Greg Ross, Plaintiffs-Appellants v. THE BOARD OF REGENTS OF THE UNIVERSITY OF NEW MEXICO; The University of New Mexico and the Office of the Medical Investigator; Merrill Hines, M.D.; Rebecca Irvine, M.D., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 23, 2010.

Attorney(s) appearing for the Case

Clayton E. Crowley of Crowley & Gribble, P.C., Albuquerque, NM, for Plaintiffs-Appellants.

Meena H. Allen of Simone, Roberts & Weiss, P.A., Albuquerque, NM, for Defendants-Appellees.

Before LUCERO, McKAY, and HARTZ, Circuit Judges.

McKAY, Circuit Judge.

In this case, the plaintiffs appeal the district court's grant of summary judgment on various state and federal claims arising from an autopsy conducted by state officials. Because we believe the plaintiffs' claims fail as a matter of law, we affirm the district court's decision.

BACKGROUND

On July 6, 2005, Elvin Ross, Jr., ("the decedent") a San Carlos Apache of one-half sanguinity, passed away at the Lovelace Medical Center...

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