THOMAS v. KAVEN

No. 13-2076.

765 F.3d 1183 (2014)

Legina and Todd THOMAS, Plaintiffs-Appellants, v. Mary KAVEN, Ph.D.; Jill straits, Ph.D.; and Anilla Del Fabbro, M.D., in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 26, 2014.


Attorney(s) appearing for the Case

Laura Schauer Ives , ACLU of New Mexico ( Maureen A. Sanders , Sanders & Westbrook PA, Albuquerque, NM, and Matthew Garcia , Garcia Ives Nowara , Albuquerque, NM, with her on the briefs), Albuquerque, NM, for Appellants.

Mark J. Riley ( Courtenay L. Keller and Tiffany L. Sanchez with him on the brief) Riley, Shane & Keller, P.A., Albuquerque, NM, for Appellees.

Before TYMKOVICH, EBEL, and PHILLIPS, Circuit Judges.


TYMKOVICH, Circuit Judge.

Legina and Todd Thomas are parents of M.T., a twelve-year-old girl at the time of the events at issue in this case. The Thomases placed M.T. in the University of New Mexico Children's Psychiatric Center after she revealed suicidal tendencies during a police investigation of a potential sexual assault. Doctors diagnosed her as exhibiting several serious psychiatric problems and recommended a prescription of psychotropic drugs. The Thomases...

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