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Tuesday, October 29, 2013 - 9:42pm
Santa Fe, NM (KDBC) — A federal appeals court has given an El Paso man a green light to sue authorities in Southern new mexico who arrested him for drunk driving. Irving Marquez was pulled over in Eddy County in 2009 and failed a sobriety test, but a chemical breath analysis showed no alcohol.
It turns out Marquez was suffering from West Nile Virus, but he wasn't evaluated for several hours until his conditions deteriorated and he suffered permanent brain swelling. A court of appeals Monday turned down a request by Eddy County to reject Marquez' lawsuit.