A federal appeals court is allowing a Texas man to sue southern New Mexico officials for not promptly providing him medical care after being arrested for drunken driving although he was suffering from West Nile virus.
The Denver-based 10th U.S. Circuit Court of Appeals on Monday turned down a request by Eddy County officials to reject a lawsuit by Irving Marquez of El Paso, who was arrested by a sheriff's deputy in 2009.
Marquez couldn't keep his balance when he got out of his pickup truck. He failed a field sobriety test although a chemical breath analysis showed no alcohol.
He wasn't evaluated for illness until hours later when his condition deteriorated. Marquez was rushed to a hospital but suffered permanent injuries from brain swelling.