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MUELLER v. AUKER

No. 11-35351.

700 F.3d 1180 (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.

Amended October 25, 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., Keely Elizabeth Duke and Richard E. Hall , Duke Scanlan Hall PLLC, 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.

ORDER

The Opinion filed September 10, 2012, is amended as follows: on slip opinion page 10863, line 6, replace the first full paragraph (Part IV B, Battery) beginning "We conclude that the district court...." with the following text:

The district court dismissed the Muellers' battery claim against Dr. Macdonald pursuant to Federal Rule of Civil Procedure 50(a). The record conclusively establishes that he did not treat Taige until he was given consent to...

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