TaiLexi AI U.S. Case Law

Citing references

Opinions citing Oldfield v. Benavidez, 867 P.2d 1167 (N.M. 1994)

26 citing cases

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  1. Ridenour v. Ridenour
    901 P.2d 770 New Mexico Court of AppealsJune 2, 1995

    United States, 707 F.2d 582, 595 (D.C.Cir.1983)); Oldfield v. Benavidez, 116 N.M. 785, 790 , 867 P.2d 1167, 1172 (1994) (recognizes the right to family integrity).

  2. State ex rel. Children, Youth & Families Department v. T.J.
    1997 NMCA 021, 934 P.2d 293 New Mexico Court of AppealsJanuary 14, 1997

    See Oldfield v. Benavidez, 116 N.M. 785, 790 , 867 P.2d 1167, 1172 (1994). However, the child also has fundamental rights that often compete with the parent’s interests. Id.

  3. Silva v. Town of Springer
    912 P.2d 304 New Mexico Court of AppealsJanuary 29, 1996

    Oldfield v. Benavidez, 116 N.M. 785, 790 , 867 P.2d 1167, 1172 (1994); Jennings, 115 N.M. at 389, 851 P.2d at 511; see also Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982).

  4. Cockrell v. Board of Regents of New Mexico State University
    1999 NMCA 073, 983 P.2d 427 New Mexico Court of AppealsMay 7, 1999

    Oldfield v. Benavidez, 116 N.M. 785, 789 , 867 P.2d 1167, 1171 (1994) (citation omitted). {9} Once qualified immunity is properly raised in a motion for summary judgment, the court conducts a two-part test.

  5. State ex rel. Children, Youth & Families Department v. Ruth Anne E.
    1999 NMCA 035, 974 P.2d 164 New Mexico Court of AppealsJanuary 28, 1999

    Benavidez, 116 N.M. 785, 791 , 867 P.2d 1167, 1173 (1994), “[t]he government has a compelling interest in the welfare of children, and the relationship between parents and their children may be investigated and terminated by the state, provided constitutionally

  6. Ysasi v. Brown
    3 F. Supp. 3d 1088 D. New MexicoFebruary 28, 2014

    Thompson, 981 F.2d 1168 (10th Cir.1992); Oldfield v. Benavidez, 1994-NMSC-006 , 116 N.M. 785 , 867 P.2d 1167 ).

  7. Chavez v. Board of County Commissioners
    2001 NMCA 065, 31 P.3d 1027 New Mexico Court of AppealsJuly 23, 2001

    Benavidez, 116 N.M. 785, 791 , 867 P.2d 1167, 1173 (1994), a civil rights ease, our Supreme Court held that social workers and a sheriff who took temporary custody of children without parental consent or a court order were entitled to qualified immunity where they

  8. Seeds v. Lucero
    2005 NMCA 67, 113 P.3d 859 New Mexico Court of AppealsMarch 30, 2005

    Benavidez, 116 N.M. 785 , 867 P.2d 1167 (1994), which explains that opposing these policies is the concern that sovereign immunity can result in unfairness and deny the public the right to any redress for the abuse of government power.

  9. Romero v. Sanchez
    895 P.2d 212 New Mexico Supreme CourtApril 24, 1995

    Oldfield v. Benavidez, 116 N.M. 785, 789 , 867 P.2d 1167, 1171 (1994); accord Mitchell v.

  10. Debbie L. v. Galadriel R.
    2009 NMCA 007, 201 P.3d 169 New Mexico Court of AppealsOctober 29, 2008

    Oldfield v. Benavidez, 116 N.M. 785, 790 , 867 P.2d 1167, 1172 (1994). "Children, too, have fundamental rights—including the fundamental right to be protected from neglect and to `have a placement that is stable [and] permanent.'

  11. Lucero v. Salazar
    877 P.2d 1106 New Mexico Court of AppealsMay 11, 1994

    Benavidez, 116 N.M. 785, 790 , 867 P.2d 1167, 1172 (1994) (recognizing the fourteenth amendment to the United State Constitution embodies a right to familial integrity but stating "[t]he parameters of the right have never been clearly established, and the right

  12. Morris v. Brandenburg
    2016 NMSC 027 New Mexico Supreme CourtJune 30, 2016

    Jaramillo, 1991-NMSC-101 , ¶ 20, 113 N.M. 57 , 823 P.2d 299 ; and the right to familial integrity, Oldfield v. Benavidez, 1994-NMSC-006 , ¶ 14, 116 N.M. 785 , 867 P.2d 1167 .

  13. State v. Bent
    2013 NMCA 108 New Mexico Court of AppealsDecember 4, 2013

    See Oldfield v. Benavidez, 1994-NMSC-006 , ¶ 15, 116 N.M. 785 , 867 P.2d 1167 (“The state itself has a compelling interest in the health, education, and welfare of its children.”); see also State v.

  14. Powell v. New Mexico State Highway & Transportation Department
    872 P.2d 388 New Mexico Court of AppealsMarch 4, 1994

    Oldfield v. Benavidez, 116 N.M. 785, 789 , 867 P.2d 1167, 1171 (1994). We review the trial court’s orders with these standards in mind.

  15. State ex rel. Children, Youth & Families Department v. Steven
    1999 NMCA 141, 992 P.2d 317 New Mexico Court of AppealsOctober 13, 1999

    Oldfield v. Benavidez, 116 N.M. 785, 791 , 867 P.2d 1167, 1173 (1994). We do not suggest that this matter be delayed unreasonably if Mother cannot be found or if she cannot make up her mind on the course she wishes to follow.

  16. State ex rel. Children, Youth & Families Department v. A.H.
    1997 NMCA 118, 947 P.2d 1064 New Mexico Court of AppealsOctober 23, 1997

    See Oldfield v. Benavidez, 1994 NMSC 006, ¶ 15, 116 N.M. 785 , 867 P.2d 1167 . The law also supports the notion that the welfare of the children is paramount to the resolution of the case.

  17. Upton ex rel. the Estate of Upton v. Clovis Municipal School District
    2005 NMCA 085, 115 P.3d 795 New Mexico Court of AppealsApril 20, 2005

    Benavidez, 116 N.M. 785, 789 , 867 P.2d 1167, 1171 (1994) (recognizing that the concept of immunity demonstrates the conflicting concerns of government officials seeking freedom from personal liability and harassing litigation, and injured persons seeking redress

  18. State v. Bent
    New Mexico Court of AppealsAugust 26, 2013

    See Oldfield v. Benavidez, 1994-NMSC-006 , ¶ 15, 116 N.M. 785 , 867 P.2d 1167 (“The state itself has a compelling interest in the health, education, and welfare of its children.”); see also State v.

  19. Powell v. NM STATE HWY. & TRANSP. DEPT.
    872 P.2d 388 New Mexico Court of AppealsMarch 4, 1994

    Oldfield v. Benavidez, 116 N.M. 785, 789 , 867 P.2d 1167, 1171 (1994). We review the trial court's orders with these standards in mind.

  20. Ex Parte Franklin Cnty Dept of Human Resources
    674 So. 2d 1277 Supreme Court of AlabamaJanuary 12, 1996

    Chevrefils, 131 N.H. 227 , 552 A.2d 89 (1988); Oldfield v. Benavidez, 116 N.M. 785 , 867 P.2d 1167 (1994); Carrillo v.

  21. Benavidez v. Shutiva
    2015 NMCA 65 New Mexico Court of AppealsMarch 31, 2015

    Oldfield v. Benavidez, 1994-NMSC-006 , ¶ 12, 116 N.M. 785 , 867 P.2d 1167 .

  22. Morris v. Brandenburg
    2015 NMCA 100 New Mexico Court of AppealsAugust 11, 2015

    Benavidez, 1994-NMSC-006 , ¶ 14, 116 N.M. 785 , 867 P.2d 1167 4 (recognizing the general right to familial integrity as a clearly established 5 constitutional right but noting its parameters are not absolute, unqualified, or clearly 6 established

  23. Valdez v. Estrada
    New Mexico Court of AppealsSeptember 4, 2018 Unpublished

    Benavidez, 1994-NMSC-006 , ¶ 14, 4 116 N.M. 785 , 867 P.2d 1167 . 5 {6} Having confirmed that Plaintiffs alleged a violation of a constitutional right 6 that was clearly established at the time of the challenged conduct, we consider 7 “whether

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