Legal Opinion

Joseph A. by Wolfe v. NM Dept. of Human Services

District Court, D. New Mexico

Decided September 23, 1983No. Civ. 80-0623-JBPublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

BURCIAGA, District Judge.

THIS MATTER comes before the Court on the motion of the defendants to dismiss for failure to state a claim. The plaintiffs are children currently in the custody of the New Mexico Department of Human Services (hereinafter “the Department”). They sue through their next friends under 42 U.S.C. § 1983 (1976) for alleged violations of their civil rights. The defendants are the Department and certain state officials employed by the Department. Jurisdiction is proper under 28 U.S.C. § 1343(3) (1976). For the reasons stated below, the motion of the…

2Cases cited39 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Mathews v. EldridgeSupreme Court of the United States · 1976
  4. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  5. Wolff v. McDonnellSupreme Court of the United States · 1974

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3Cited by14 opinions

  1. B.H. v. JohnsonDistrict Court, N.D. Illinois · 1989
  2. Aristotle P. v. JohnsonDistrict Court, N.D. Illinois · 1989
  3. Yvonne L. v. New Mexico Department Of Human ServicesCourt of Appeals for the Tenth Circuit · 1992
  4. Artist M. v. Gordon Johnson and Gary T. MorganCourt of Appeals for the Seventh Circuit · 1990
  5. In Re Scott County Master DocketDistrict Court, D. Minnesota · 1985

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