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RADECKI v. BARELA

No. CIV 93-1488 LH/DJS.

945 F.Supp. 226 (1996)

Susan RADECKI, Individually and as Personal Representative of the Estate of Chester A. Radecki, Deceased, Kristin Radecki, Kerry Radecki, Renee Radecki and Robert Radecki, Plaintiffs, v. Ron BARELA, Personally and in His Official Capacity, Benjie Montano, Personally and in His Official Capacity, Defendants.

United States District Court, D. New Mexico.

November 15, 1996.

Attorney(s) appearing for the Case

Robert R. Rothstein, Rothstein, Donatelli, Hughes, Dahlstrom, Cron & Schoenburg, Santa Fe, NM, for Plaintiffs.

Martin R. Esquivel, Dines, Wilson & Gross, Albuquerque, NM, for Defendant Barela.

Joseph F. Canepa, Brian E. Fitzgerald, Canepa, Vidal, Fitzgerald & Bell, Santa Fe, NM, for Defendant Montano.

MEMORANDUM OPINION

HANSEN, District Judge.

THIS MATTER comes before the Court on remand from the Tenth Circuit Court of Appeals pursuant to an unpublished Order and Judgment entered by that Court on February 16, 1996. The Order and Judgment ordered this Court to: (1) vacate its August 3, 1994, Order denying Defendant Barela qualified immunity,1 and (2) consider whether Plaintiff Radecki has alleged conduct or presented...

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