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Bioethics Keyed to Clark, 9th Ed.
Newman v. Sathyavaglswaran
Citation:
287 F.3d 786 (2002)Facts
Robert Newman and Barbara Obarski each had children who died in Los Angeles County in October 1997. Following the deaths, the Office of the Coroner for the County of Los Angeles obtained possession of the bodies and, under procedures adopted pursuant to California Government Code § 27491.47, removed the corneas from the bodies without the knowledge of the parents and without attempting to notify them or request consent. The parents became aware of the coroner’s actions in September 1999 and subsequently filed a § 1983 action alleging a deprivation of their property without due process of law in violation of the Fourteenth Amendment. The coroner filed a motion to dismiss, arguing that the parents could not have a property interest in their deceased children’s corneas and that they were required to exhaust state post-deprivation remedies before bringing suit.
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