In a 42 U.S.C. section 1983 action claiming that defendant-officer wrongfully removed a sick infant from the custody of her parents, summary judgment for plaintiff is reversed where there was a genuine issue of material fact as to whether defendant was confronted with imminent danger to the infant at the time in question.
Read Mueller v. Rogers, No. 07-35554
Appellate Information
Argued and Submitted September 15, 2008
Filed August 10, 2009
Judges
Opinion by Judge Trott
Partial Concurrence and Partial Dissent by Judge Wallace
Counsel
For Appellant:
Michael E. Rosman, Center for Individual Rights, Washington, DC
For Appellee:
Kirtlan G. Naylor, Naylor & Hales, P.C., Boise, ID
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