Legal Opinion

Gonzales v. Passino

District Court, D. New Mexico

Decided August 29, 2002No. CIV. 01-837BB/RLP-ACEPublishedCited by 10 opinions

1Opinion of the Court

OPINION

BLACK, District Judge.

THIS MATTER comes before the Court for consideration of Defendants’ motion for summary judgment (Doc. 45). The Court has reviewed the submissions of the parties and the relevant law, and, for the reasons set forth below, finds that the motion will be granted and this case dismissed.

Plaintiff Fernando Gonzales, Jr., was a student at a middle school in Questa, New Mexico, at the time of the incident leading to this lawsuit. Defendant Passino was a teacher at the school, and “hit” (the level of severity is hotly disputed) Plaintiff on the arm with a plastic bat used…

2Cases cited17 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Ingraham v. WrightSupreme Court of the United States · 1977
  4. Medina v. CramCourt of Appeals for the Tenth Circuit · 2001
  5. DeSpain v. UphoffCourt of Appeals for the Tenth Circuit · 2001

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3Cited by10 opinions

  1. Jimmy L. Hatfield v. Diana O'NeillCourt of Appeals for the Eleventh Circuit · 2013
  2. Thomas v. Board of Education of West Greene School DistrictDistrict Court, W.D. Pennsylvania · 2006
  3. Baumeister v. New Mexico Commission for the BlindDistrict Court, D. New Mexico · 2006
  4. Minnis Ex Rel. Doe v. Sumner County Bd. of Educ.District Court, M.D. Tennessee · 2011
  5. Seabourn v. Independent School District No. I-300District Court, W.D. Oklahoma · 2010

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