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J.H. EX REL. J.P. v. BERNALILLO COUNTY

No. 14-2068.

806 F.3d 1255 (2015)

J.H., on behalf of her minor child, J.P., Plaintiff-Appellant, v. BERNALILLO COUNTY; J.M. Sharkey, Bernalillo County Deputy, Defendants-Appellees, and Cee Kaye Nation, Principal; Alison Gonzales, Teacher, Defendants.

United States Court of Appeals, Tenth Circuit.

November 27, 2015.

Attorney(s) appearing for the Case

Joseph P. Kennedy , Kennedy Kennedy & Ives, Albuquerque, NM, ( Shannon L. Kennedy and Michael L. Timm, Jr. , Kennedy Kennedy & Ives, Albuquerque, NM, with him on the briefs), for Plaintiff-Appellant.

Luis Robles , Robles, Rael & Anaya, Albuquerque, NM, ( Taylor S. Rahn , Robles, Rael & Anaya, Albuquerque, NM, with him on the briefs), for Defendants-Appellees.

Before BACHARACH, EBEL, and McHUGH, Circuit Judges.

This appeal grew out of a suit brought on behalf of an 11-year-old girl (identified as "J.P"), who was a student in a class for children with special needs. One day, a deputy sheriff (J.M. Sharkey), who was working as a school resource officer, saw J.P. kick a teacher. Because...

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