United States Ninth Circuit

Parents, whose deceased child's corneas were removed by coroner without consent, properly stated claim under 42 U.S.C. section 1983 for taking of property without due process; the right to exclusive possession of bodies of deceased family members, held by their next of kin, creates property interest under the Fourteenth Amendment.

Appellate Information

• Argued 10/17/2001
• Decided 04/16/2002
• Published 04/16/2002

Judges

• FISHER, Circuit Judge., Before: BROWNING, FERNANDEZ and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Bill Colovos, Southgate, MI, for the plaintiffs-appellants.


• For Appellees:
  
• Cheryl A. Orr, Musick, Peeler & Garrett LLP, Los Angeles, California;  Aaron M. Peck, Arter & Hadden LLP, Los Angeles, CA, for the defendants-appellees.