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Carrillo V. Rostro

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eBook details

  • Title: Carrillo V. Rostro
  • Author : New Mexico Supreme Court
  • Release Date : January 28, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 78 KB

Description

As indicated, the trial court denied the defendants' motion for summary judgment, ruling against them on their claim that they were entitled to qualified immunity on plaintiff's Section 1983 claims. We hold that this pretrial order is reviewable, adopt the collateral order doctrine in New Mexico, and outline how that doctrine is to be invoked in a case in which it may be properly raised. On the merits, we affirm the district court's denial of summary judgment, holding, on facts taken as true for purposes of summary judgment, that qualified immunity was not available to the defendants because their action violated plaintiff's First Amendment right to address the Board in a public meeting concerning a matter of public concern.


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