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ABREU v. NEW MEXICO CHILDREN, YOUTH AND FAMILIES

No. CIV 08-1006 JB/RLP.

646 F.Supp.2d 1259 (2009)

Ed ABREU, Joe Bustos, Richard Gonzales, Tom Mascarenas, Marie Matejka, Albert Pino, Antonio Sanchez, Richard Trujillo and Robert Valenzuela, Plaintiffs, v. NEW MEXICO CHILDREN, YOUTH AND FAMILIES DEPARTMENT (CYFD), Dorian Dodson, as an individual and in her official capacity as Secretary of CYFD, New Mexico State Personnel Office, and Sandra Perez, as an individual and in her official capacity as State Personnel Office Director, Defendants.

United States District Court, D. New Mexico.

January 26, 2009.

Attorney(s) appearing for the Case

E. Justin Pennington, Law Offices of E. Justin Pennington, Albuquerque, NM, for Plaintiff.

Mark A. Basham, Peter Dwyer, Basham and Basham, P.C., Santa Fe, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Plaintiffs' Motion to Remand Case to State Court with Consolidated Memorandum of Points and Authorities in Support of Motion, filed November 20, 2008 (Doc. 8). The Court held a hearing on December 12, 2008. The primary issue is whether the State of New Mexico has waived its Eleventh Amendment immunity where the State Defendants, who...

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