A.N. v. Alamogordo Police Department, No. 18-2112 (10th Cir. 2019)Annotate this Case
Defendants Keith Daron Syling, Roger Schoolcraft, David Kunihiro and Audra Smith were officers or employees of the Alamogordo Police Department (APD) who were allegedly responsible for the public release of information regarding the arrest of a juvenile, A.N, in violation of New Mexico law. Plaintiffs A.N. and her mother, Katherine Ponder brought this action against Defendants and others, asserting claims under federal and state law. Defendants appealed the district court’s denial of their motion to dismiss Plaintiffs’ equal protection claim under 42 U.S.C. 1983 based on qualified immunity. The Tenth Circuit concluded Defendants were on notice they would violate A.N.’s right to equal protection under the law if they intentionally and without a rational basis differentiated between her and similarly situated juvenile arrestees in applying New Mexico’s laws against the disclosure of juvenile arrest and delinquency records. As a result, “any reasonable official in [Defendants’] shoes would have understood that he was violating” Plaintiffs’ equal protection rights by these actions. Therefore, the Court affirmed the district court's judgment denying them qualified immunity on Plaintiffs' equal protection claim.