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JOSEPH A. BY WOLFE v. N.M. DEPT. OF HUMAN SERVICES

Civ. No. 80-0623-JB.

575 F.Supp. 346 (1982)

JOSEPH A. by WOLFE et al., Plaintiffs, v. NEW MEXICO DEPARTMENT OF HUMAN SERVICES, et al., Defendants.

United States District Court, D. New Mexico.

On Motion For Summary Judgment February 7, 1983.

Consent Decree September 23, 1983.

Attorney(s) appearing for the Case

Marcia Robinson Lowry, George Kannar, ACLUF, New York City, Susan M. Conway and Robert D. Levy, Albuquerque, N.M., for plaintiffs.

Shaffer, Butt, Thornton & Baehr, John A. Klecan, Albuquerque, N.M., Paul G. Bardacke, Atty. Gen. of New Mexico, James W. Catron, Jr., Asst. Atty. Gen., Santa Fe, N.M., for defendants.

MEMORANDUM OPINION AND ORDER

BURCIAGA, District Judge.

THIS MATTER comes before the Court on the motion of the defendants to dismiss for failure to state a claim. The plaintiffs are children currently in the custody of the New Mexico Department of Human Services (hereinafter "the Department"). They sue through their next friends under 42 U.S.C. § 1983 (1976) for alleged violations of their civil rights. The defendants are the Department and certain...

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