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Update
PHOENIX (AP) – A former nurse accused of badually badaulting a disabled woman who later gave birth in a long-term care facility in Phoenix will appeal a court ruling that requires a test to determine he is infected with HIV or another badually transmitted disease.
Court commissioner Roger Hartsell issued an order on February 27, requiring Nathan Sutherland to take the test and on Tuesday rejected a request for reconsideration of the requirement.
Sutherland's lawyer, Edwin Molina, argued that the test would violate his client's protections against unreasonable searches and seizures.
According to Molina, the authorities have no probable cause to believe that Sutherland is a badually transmitted disease.
According to the authorities, Sutherland was working as a nurse at Hacienda HealthCare when he raped the 29-year-old victim.
He pleaded not guilty to the charges.
Sutherland has since dropped out of her nurse's license.
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