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ARREDONDO v. LOCKLEAR

No. CIV 03-156 KBM/LCS.

371 F.Supp.2d 1281 (2005)

Jacinto ARREDONDO and Marisela Olivas, Plaintiffs, v. Naomi LOCKLEAR, Rebecca Barrera-Garcia, Mike Pitts and Rudy Arrey, Defendants.

United States District Court, D. New Mexico.

May 6, 2005.

Attorney(s) appearing for the Case

Jacinto Arredondo, Artesia, Michael Truett Newell, Lovington, NM, for Plaintiff.

Marisela Olivas, Artesia, NM, pro se.

Sean Olivas, Albuquerque, NM, B. James Reeves, Las Cruces, NM, Derek L. Brooks, Richard E. Olson, Roswell, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

Plaintiffs bring this action under 42 U.S.C. § 1983, seeking damages for the removal of their children during the course of a child abuse investigation. Defendants are the social workers and police officers who were involved in the investigation and/or made the decision to remove the children. They are sued in their individual capacities only. See Docs. 8, 12, 36.

Plaintiffs' Fourth Amendment "warrantless entry...

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