Mueller v. Auker
Court of Appeals for the Ninth Circuit
1Opinion of the Court
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 Mueller, remained at home to care for the couple’s other child. Detective Rogers intervened at the behest of hospital doctors…
2Cases cited36 opinions
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