United States Ninth Circuit

In civil case alleging defendant molested plaintiff's child, court may not draw an adverse inference from defendant's refusal to answer question at deposition, invoking Fifth Amendment privilege, over whether he took a penile plethysmograph test.

Appellate Information

• Argued 08/09/2000
• Decided 11/17/2000
• Published 11/17/2000

Judges

• CYNTHIA HOLCOMB HALL, Circuit Judge:, Before:  W. FLETCHER, HALL, and TASHIMA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lawrence G. Sirhall, Jr., Boise, Idaho, for the plaintiff-appellant.


• For Appellees:
  
• Michael D. Gaffney, Idaho Falls, Idaho, for the defendant-appellee.