On appeal, the U.S. Court of Appeals for the Tenth Circuit noted that the defendants would be entitled to qualified immunity only if they could not have known under the law when the blood was drawn that taking the blood as they did would be unlawful. The appellate court found that the law in effect at the time made it clear that they couldn't have taken Marshall's blood against his will unless they either had a warrant or had to draw the blood immediately in order to avoid losing evidence. Since neither exception existed, the Tenth Circuit affirmed the district court. See: Marshall v. Columbia Lea Regional Hospital, 474 F.3d 733 (10th Cir. 2007).
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Related legal case
Marshall v. Columbia Lea Regional Hospital
|Cite||474 F.3d 733 (10th Cir. 2007)|
|Level||Court of Appeals|