Mueller v. Rogers, No. 07-35554

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