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HERNANDEZ v. CONDE

No. 05-1103-JTM.

442 F.Supp.2d 1141 (2006)

Pedro HERNANDEZ III; Carmen Hernandez; Enrique Hernandez; Yesenia Ramirez, and Selena Hernandez, a Minor Child, by and through her Parents and Next Friends, Enrique Hernandez and Yesenia Ramirez, Plaintiffs, v. Robert CONDE; Dean Akings; Rod Weber; Brian Dougherty; R. Scott Harper; and Chris Smee, Defendants.

United States District Court, D. Kansas.

July 24, 2006.

Attorney(s) appearing for the Case

Michael S. Holland, Michael S. Holland, II Holland & Holland, Russell, KS, for Plaintiffs.

Brian D. Sheern, Kansas Attorney General, William Scott Hesse, Harry Kennedy, Office of Attorney General, J. Steven Pigg, Teresa L. Sittenauer, Fisher, Patterson, Sayler & Smith, Topeka, KS, for Defendants.

MEMORANDUM AND ORDER

MARTEN, District Judge.

This matter comes before the court on the defendants' Motion for Summary Judgment (Dkt. No. 74). After reviewing the parties' arguments, the court grants defendants' motion for summary judgment and qualified immunity.

I. STANDARD OF REVIEW

Summary judgment is proper where the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits...

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