Oldfield V. Benavidez

Defendants-Appellants, Salvador Benavidez, Arthur Fuldauer, and Georgia Sanchez (Defendants), petition the Supreme Court to issue a Writ of Error based on the district court's denial of their motion for summary judgment on the issue of qualified immunity. This case arose out of an incident in which the Plaintiff children, Jessica and Shamra Oldfield, were removed from their home for a period of one week and subsequently monitored by the New Mexico Human Services Department (HSD). This action was predicated upon a report of physical and emotional abuse made by Jessica Oldfield. After the children were returned to their custody, Plaintiffs-Appellees, the Oldfields, filed a complaint for damages under 42 U.S.C. Sections 1983 and 1988. The Oldfields alleged violations of their right to familial integrity under the Fourth and Fourteenth Amendments and their right to criticize and complain about public officials under the First Amendment to the United States Constitution. They also alleged violations of procedural and substantive due process rights secured under New Mexico law.