Legal Opinion

Martinez v. Mafchir

Court of Appeals for the Tenth Circuit

Decided September 27, 1994No. 93-2007PublishedCited by 23 opinions

1Opinion of the Court

TACHA, Circuit Judge.

Plaintiff Sharon Martinez filed an action under 42 U.S.C. § 1983 alleging Fourteenth Amendment substantive and procedural due process violations arising out of defendants’ actions in pursuing a neglect and abuse petition seeking legal custody of her daughter, plaintiff Rose Martinez. The district court granted defendants’ summary judgment motion. Plaintiffs appeal. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.1

I. Background

A. Facts2

On January 12, 1988, four-year-old Rose Martinez was sexually abused and raped by Leroy Boylan, a thirteen-year-old neighbor boy…

2Cases cited23 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Santosky v. KramerSupreme Court of the United States · 1982
  4. In Re GAULTSupreme Court of the United States · 1967
  5. Wisconsin v. YoderSupreme Court of the United States · 1972

18 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Paul Romero v. Damon Fay, Bob Stover, Chief of Police, and Albuquerque, City of John Doe, Albuquerque Police OfficersCourt of Appeals for the Tenth Circuit · 1995
  2. Croft v. Westmoreland County Children and Youth ServicesCourt of Appeals for the Third Circuit · 1997
  3. Kottmyer v. MaasCourt of Appeals for the Sixth Circuit · 2006
  4. Schwartz v. BookerCourt of Appeals for the Tenth Circuit · 2012
  5. Castaldo v. StoneDistrict Court, D. Colorado · 2001

18 more not listed; retrieve them via the Exa API.

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