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MUELLER v. AUKER

No. 07-35554.

576 F.3d 979 (2009)

Eric MUELLER; Corissa D. Mueller, husband and wife individually and on behalf of Taige L. Mueller, a minor, and on behalf of themselves and those similarly situated, Plaintiffs-Appellees, v. April K. AUKER; Barbara Harmon; Janet A. Fletcher; Kimberly A. Osadchuk; Linda Rodenbaugh; Karl B. Kurtz; Ken Diebert; City of Boise, Defendants, Ted Snyder; Tim Green; Richard K. MacDonald; Saint Luke's Regional Medical Center, Ltd., Defendants, and Dale Rogers, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2009.

Attorney(s) appearing for the Case

Michael E. Rosman, Center for Individual Rights, WA, D.C., for the plaintiffs-appellees.

Kirtlan G. Naylor, Naylor & Hales, P.C., Boise, ID, for the defendant-appellant.

Opinion by Judge TROTT; Partial Concurrence and Partial Dissent by Judge WALLACE.

TROTT, Circuit Judge:

Detective Dale Rogers made a decision permitted by Idaho law to remove temporarily a sick infant from the custody of her parents in order to secure a medical diagnostic test and prophylactic treatment, procedures which pediatric doctors advised Rogers were both necessary and within the standard of care for the infant's situation. At the time, the child had been taken to St. Luke's hospital in Boise, Idaho, by her mother, while her father, Eric...

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