Legal Opinion

Buchwald v. University of New Mexico School of Medicine

Court of Appeals for the Tenth Circuit

Decided October 20, 1998No. 96-2121, 96-2129PublishedCited by 102 opinions

1Opinion of the Court

LUCERO, Circuit Judge.

The University of New Mexico School of Medicine (“UNMSM”) has a stated policy that, all other things being equal, it will favor long-term residents over short-term residents in its admissions process. The district court first found this preference to violate “clearly established” law concerning the fundamental right to travel and therefore ruled that the individual defendants, Doctors Klep-per and Atencio, were not entitled to qualified immunity. A week later, the district court issued an injunction prohibiting UNMSM from considering length of residency in future…

2Cases cited41 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Kentucky v. GrahamSupreme Court of the United States · 1985
  4. Ex Parte YoungSupreme Court of the United States · 1908
  5. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984

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3Cited by102 opinions

  1. Johnson v. Board of Regents of the University of GeorgiaCourt of Appeals for the Eleventh Circuit · 2001
  2. Smith v. PlatiCourt of Appeals for the Tenth Circuit · 2001
  3. Peirick v. Indiana University-Purdue University Indianapolis Athletics DepartmentCourt of Appeals for the Seventh Circuit · 2007
  4. Ellis v. University of Kansas Medical CenterCourt of Appeals for the Tenth Circuit · 1998
  5. Collins v. DanielsCourt of Appeals for the Tenth Circuit · 2019

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