Legal Opinion · Concurrence

Daddow v. Carlsbad Municipal School District

New Mexico Supreme Court

Decided May 2, 1995No. 21284Published

1Concurrence

FROST, Justice,

specially concurring.

I specially concur with the majority opinion. I do so because I do not believe the opinion should address the issue of whether or not Daddow had a claim under 42 U.S.C. § 1988 (1988). ■ The opinion holds that she was given due process with regard to her termination. A consideration and discussion of the applicability of § 1983 actions to school districts is therefore unnecessary. Resolution of this issue should await a proceeding wherein it must necessarily be decided after adequate briefing and possibly oral argument. I concur in parts II, III, IV, and V…

2Cases cited14 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  3. Kentucky v. GrahamSupreme Court of the United States · 1985
  4. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  5. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977

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