KTVB

Eric and Corissa Mueller sued St. Luke's, Child Protective Services, doctors and three police officers over unwanted medical treatment in 2002. A federal judge has ruled in their favor.

BOISE -- The U.S. District Court has sided with a Boise mother and father in a case where the parents lost custody of their baby because of a doctor's orders.

In 2002, Corissa Mueller was afraid her five-week-old daughter was seriously sick.

An emergency room doctor insisted on giving the baby a spinal tap, but Corissa wanted less-invasive tests, before allowing the riskier procedure.

Police took little Taige from the Muellers and they had to go to court to regain custody.

Corissa calls the incident a scary situation that violated her constitutional rights and last week, the court agreed.

In a 62-page document, Judge B. Lynn Winmill ruled against city and state officials saying, "a choice that poses risks either way should never trigger intervention by the state."

A civil trial in this case is still in the works.