Scott v. City of Albuquerque
Court of Appeals for the Tenth Circuit
1Opinion of the Court
ORDER AND JUDGMENT *
JEROME A. HOLMES, Circuit Judge
A New Mexico statute makes it illegal to “willfully interfere with the educational process” at a public school. N.M. Stat. Ann. § 30-20-13(D). In 2009, an Albuquerque Police Officer assigned to a middle school as a School Resource Officer (“SRO”) relied on that statute to arrest a thirteen-year-old for skipping class. The main question before us is whether qualified immunity shields that officer from a civil suit arising from the arrest. We find that it does. We also conclude that the plaintiffs other two claims — for municipal liability and…
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