Tuesday, September 11, 2012

9th Circuit Court of Appeals Rules In Favor of Boise Police

Posted By on Tue, Sep 11, 2012 at 3:10 PM

The 9th Circuit Court of Appeals affirmed the immunity of a detective and two police officers from prosecution on Monday for participating in the interruption of Corissa Mueller's parental rights.

"The doctrine of qualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,'" the court ruled, quoting Pearson v. Callahan.

Eric and Corissa Mueller sued doctors and Boise Police after doctors performed a spinal tap on their daughter to test for meningitis against their wishes.

In 2007, a jury ruled against the couple, as did a federal panel that concluded that parental rights may be qualified if a child's life is in potential danger.

The Boise City Attorney's Office released a statement today, applauding the court's decision.

"This recognition by the Court is a vindication for the officers involved and the City of Boise," wrote Boise City Attorney Cary Colaianni in an email.

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