9th Circuit to Hear Idaho Parental Consent Case

(CN) - The 9th Circuit will convene in Boise, Idaho, on Tuesday to hear a case where doctors allegedly gave a spinal tap and antibiotics to a 5-week-old infant without its parents' consent.

Eric and Corissa Mueller sued an emergency room physician, an Idaho hospital, the City of Boise and Boise police officers, alleging that the defendants had violated their due process rights when they refused to accept that the couple had declined the treatment. The suit was dismissed in 2010 after a jury ruled against the couple following a trial in the U.S. District Court for the District of Idaho.

A three-judge panel consisting of Senior Circuit Judges J. Clifford Wallace of San Diego and Stephen Trott of Boise and Circuit Judge N. Randy Smith of Pocatello, Idaho, will hear oral arguments Tuesday at the James A. McClure Federal Building and U.S. Courthouse.

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