The Ninth Circuit denied CIR’s appeal on behalf of Corissa and Eric Mueller.
CIR filed a petition for rehearing by the full Court of Appeals for the Ninth Circuit in Mueller v. Auker, CIR’s case defending the right of parents to make important medical decisions on behalf of their minor children.
A panel of the Ninth Circuit Court of Appeals sitting in Boise, Idaho, heard oral argument in CIR’s appeal of the case Mueller v. Auker.
District Court Judge B. Lynn Winmill denied CIR’s motion for a rehearing in our case on behalf of Corissa and Eric Mueller.
CIR filed a reply brief in its motion for a new trial In the Mueller family-rights case. One of the grounds for the motion is that the testimony of the only expert witness to give an opinion adverse to the Muellers at trial was scientifically unreliable and should have been excluded.
CIR’s six-year fight to vindicate the constitutional rights of the Mueller family suffered a setback on June 30. After deliberating for five days, an Idaho jury found that neither the City of Boise nor an emergency room doctor violated the Muellers’ constitutional rights.
CIR clients Eric and Corissa Mueller’s fight to protect the right of parents to make medical decisions on behalf of their minor children took a major step forward in early June when their case went to trial in federal District Court in Boise Idaho.
Federal District Judge B. Lynn Winmill set a trial date in CIR’s long-running case on behalf of the Muellers, a family whose five-week old daughter was unlawfully seized by police and state child protection officials in a Boise, Idaho, emergency room.
CIR General Counsel Michael Rosman traveled to Idaho to urge a panel of Ninth Circuit judges to hold state officials liable in their personal capacities for the arbitrary seizure of minor children from perfectly competent parents.
Federal District Court Judge B. Lynn Winmill issued a 62 page ruling finding that city and state officials in Boise, Idaho violated the constitutional rights of members of the Mueller family when they assumed custody of 5 week-old Taige Mueller in 2002 in order to forcibly administer a spinal tap.
U.S District Court Judge Judge B. Lynn Winmill held an important hearing regarding a class action lawsuit against the Idaho Department of Health and Welfare, the City of Boise and St. Luke’s Medical Center for violating the constitutional right of parents to direct the medical treatment of their minor children.
In a significant legal victory for Boise residents Eric and Corissa Mueller, U.S. District Court Judge B. Lynn Winmill denied St. Luke’s Regional Medical Center’s motion for summary judgment in the Mueller’s pending case challenging the seizure of their child by hospital and state officials in order to perform a lumbar puncture to which the parents had not consented.
U.S. District Court Judge B. Lynn Winmill ruled that CIR can proceed with discovery against St. Luke’s Hospital and the City of Boise in its legal effort to challenge the 2002 seizure of their child by state officials.
The Center for Individual Rights announced the filing of a class action lawsuit against the Idaho Child Protection Agency, the City of Boise and St. Luke’s Medical Center for violating the constitutional right of parents to direct the medical treatment of their minor children.