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A.M. EX REL. YOUNGERS v. N.M. DEPT. OF HEALTH

No. CIV 13-0692 JB/WPL.

65 F.Supp.3d 1206 (2014)

A.M., through her Guardian ad Litem, Joleen YOUNGERS, Plaintiff, v. NEW MEXICO DEPARTMENT OF HEALTH; Los Lunas Center for Persons with Development Disabilities; Roger Adams, individually and in his capacity as an agent for the New Mexico Department of Health; Beth Schaefer, individually and in her capacity as an agent for the New Mexico Department of Health; Dan Sandoval, individually and in his capacity as an agent for the New Mexico Department of Health; Joseph Mateju, individually and in his capacity as an agent for the New Mexico Department of Health; New Mexico Aging and Long-Term Services Department; and the Adult Protective Services Division of New Mexico Aging and Long-Term Services Department, Defendants.

United States District Court, D. New Mexico.

Filed December 5, 2014.

Attorney(s) appearing for the Case

John Ford Hall , Kelly K. Waterfall , Law Offices of Peter Cubra, Nancy L. Simmons , Law Offices of Nancy L. Simmons, P.C., Albuquerque, NM, for Plaintiff.

Stephen S. Hamilton , Alexia Constanteras , Montgomery & Andrews, P.A., Albuquerque, NM, for Defendants.

MEMORANDUM OPINION AND ORDER

THIS MATTER comes before the Court on the Individual DOH Defendants' Motion to Dismiss Plaintiff's Substantive Due Process Claim on the Basis of Qualified Immunity, filed March 6, 2014 (Doc. 22)("MTD"). The Court held a hearing on October 23, 2014. The...

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