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A.M. v. HOLMES

Nos. 14-2066; 14-2183.

830 F.3d 1123 (2016)

A.M., on behalf of her minor child, F.M., Plaintiff-Appellant, v. Ann HOLMES; Principal Susan Labarge; Arthur Acosta, City of Albuquerque Police Officer, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Filed July 25, 2016.

Attorney(s) appearing for the Case

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

Emil J. Kiehne of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, New Mexico, and Kathryn Levy, Deputy City Attorney for the City of Albuquerque, New Mexico (Jennifer G. Anderson and Megan T. Muirhead of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, New Mexico, with them on the briefs), for Defendants-Appellees.

Before TYMKOVICH, Chief Judge, and GORSUCH and HOLMES, Circuit Judges.

Plaintiff-Appellant A.M. filed this action under 42 U.S.C. § 1983 on behalf of her minor child, F.M., against two employees of the Albuquerque Public Schools — specifically, Cleveland Middle School ("CMS") Principal Susan LaBarge and Assistant Principal Ann Holmes — and against Officer Arthur Acosta of the...

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