Legal Opinion
J.H. ex rel. J.P. v. Nation
District Court, D. New Mexico
Decided January 14, 2015No. CIV 12-0128 JB/WDSPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION 2
JAMES 0. BROWNING, District Judge.
THIS MATTER comes before the Court on Deputy Sharkey’s Motion to Dismiss No. II: Dismissal of Fourteenth Amendment Substantive Due Process Claim, filed January 16, 2013 (Doc. 53)(“MTD”). The Court held a hearing on April 25, 2013. The primary issues are: (i) whether Plaintiff J.H., on behalf of her developmentally disabled child, J.P., can simultaneously bring claims under the Fourth and Fourteenth Amendments of the Constitution of the United States for Defendant J.M. Sharkey’s alleged unlawful seizure of J.P.; (ii) whether Sharkey…
2Cases cited99 opinions
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- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
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- West v. AtkinsSupreme Court of the United States · 1988
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3Cited by3 opinions
- A.M. ex rel. Youngers v. New Mexico Department of HealthDistrict Court, D. New Mexico · 2015
- Castaneda v. City of AlbuquerqueDistrict Court, D. New Mexico · 2016
- A.M. ex rel. Youngers v. New Mexico Department of HealthDistrict Court, D. New Mexico · 2015