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MUELLER v. AUKER

No. 11-35351.

694 F.3d 989 (2012)

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-Appellants, v. April K. AUKER; Barbara Harmon; Janet A. Fletcher; Kimberly A. Osadchuk; Linda Rodenbaugh; Karl B. Kurtz; Ken Diebert, Defendants, and City of Boise; Dale Rogers; Ted Snyder; Tim Green; Richard K. MacDonald; Saint Luke's Regional Medical Center, Ltd., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2012.

Attorney(s) appearing for the Case

Michael E. Rosman , Center for Individual Rights, Washington, D.C., for the plaintiffs-appellants.

Kirtlan G. Naylor , Naylor & Hales, P.C., Boise, ID; Keely Elizabeth Duke and Richard E. Hall , Duke Scanlan Hall PLLC, Boise, ID; and W. Christopher Pooser , Stoel Rives LLP, Boise, ID, for the defendants-appellees.

James K. Dickinson , Ada County Prosecutor's Office, Boise, ID, for amicus curiae Ada County Prosecutor's Office.

Before: J. CLIFFORD WALLACE, STEPHEN S. TROTT, and N. RANDY SMITH, Circuit Judges.

OPINION

TROTT, Circuit Judge:

Because the district court and the parties to this protracted lawsuit — as well as the judges of this panel hearing the issues for the second time — are well aware of its history, the trial record, and the proceedings in district court, we refer to them only as necessary to explain our decision. We have previously published an opinion on a related issue in Mueller v. Auker, 576 F.3d 979<...

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