United States Court of Appeals for the Ninth Circuit
287 F.3d 786 (2002)
Robert Newman and Barbara Obarski (the Parents) (plaintiffs) each had children who died in Los Angeles County, California, in 1997. Under state law procedures, Sathyavaglswaran (defendant), the chief medical examiner and county coroner, was authorized to remove the corneas from the bodies of the children without the parents’ consent and without attempting to first obtain their consent. The Parents learned of the coroner’s actions in 1999 and filed suit under 42 U.S.C. § 1983, alleging a taking of their property without due process of law in violation of the Fourteenth Amendment. The district court dismissed the suit for failure to state a claim and the Parents appealed.
Rule of Law
Holding and Reasoning (Fisher, J.)
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