HUNT v. MONTANO

No. 20-2042.

39 F.4th 1270 (2022)

Lee HUNT, as personal representative of the wrongful death Estate of Ariza Barreras; Gabrielle Valdez, as the Guardian Ad Litem for T.B. and F.B., minor children, Plaintiffs-Appellees. v. Leah MONTANO; Gwendolyn Griffin; Kim Chavez-Buie; Michelle Hill; Lora Valdez, all in their personal capacities acting under color of state law, Defendants-Appellants, and Stephanie Crownover; the New Mexico Children, Youth and Families Department, Defendants.

United States Court of Appeals, Tenth Circuit.

FILED July 6, 2022.


Attorney(s) appearing for the Case

Jerry A. Walz ( Alisha L. Walz with him on the briefs), Walz and Associates, P.C., Albuquerque, New Mexico, for Defendants-Appellants.

Andrew G. Schultz , Rodey Dickason Sloan Akin & Robb, P.A. ( F. Michael Hart and Kelly Stout Sanchez , Martinez, Hart, Thompson & Sanchez, P.C., and Bryan L. Williams , Williams Injury Law, P.C., with him on the brief), Albuquerque, New Mexico, for Plaintiffs-Appellees.

Before MATHESON, KELLY, and EID, Circuit Judges.


This is an interlocutory appeal from the denial of a motion for judgment on the pleadings asserting qualified immunity. At issue is whether the special relationship doctrine exposes five employees of the New Mexico Children, Youth and Families Department ("CYFD") to liability arising from the abuse of two foster children, T.B...

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