Melton v. New Mexico Department of Human Services

I dissent.

I dissent for the reasons set forth in Tapia v. Human Services, No. 4901, decided July 14, 1981, certiorari granted August 28, 1981, which was the basis for my dissent in Martin v. Human Services, No. 4846, decided August 4, 1981, certiorari granted August 28, 1981. The Fair Hearing Decision rendered by the New Mexico Department of Human Services is void.

I also dissent because the Fair Hearing Decision is arbitrary, capricious and otherwise not in accordance with law. Roe v. Ray, 551 F.2d 241 (8th Cir. 1977); Martinez v. Trainor, 435 F.Supp. 440 (D.C.Ill.1976); Lund v. Affleck, 388…