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DOE v. LEACH

No. 18,638.

988 P.2d 1252 (1999)

128 N.M. 28

1999-NMCA-117

John DOE, Plaintiff-Appellee, v. Howard LEACH and Felix Rodriguez, Defendants-Appellants.

Court of Appeals of New Mexico.

July 15, 1999.

Attorney(s) appearing for the Case

Daymon B. Ely, Albuquerque, for Appellee.

Paula G. Maynes, Miller, Stratvert & Torgerson, P.A., Andrew S. Montgomery, Montgomery & Andrews, P.A., Santa Fe, for Appellants.

OPINION

HARTZ, J.

{1} Howard Leach and Felix Rodriguez (Defendants) are former public employees. Plaintiff has sued them for damages under 42 U.S.C. Section 1983 (1994). Defendants claim they are entitled to qualified immunity because (1) they did not violate any federal right of Plaintiff's, or (2) if they did violate a federal right, the right was not clearly established at the time of their alleged misconduct.

{2} What makes this case unusual...

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