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Keywords

lawsuitappealdue processobjection

appealdue process

Related Cases

Brotherton v. Cleveland, 923 F.2d 477, 59 USLW 2457

Facts

Steven Brotherton was found dead in his car and taken to a hospital where his wife, Deborah Brotherton, declined to make an anatomical gift of his corneas based on his wishes. After an autopsy, the Hamilton County coroner's office removed his corneas without informing Deborah of her husband's objection. Ohio law allows coroners to remove corneas without consent if there is no knowledge of an objection, and the coroner's office had a policy of not seeking consent or checking for objections before removal. Deborah learned of the removal only after reading the autopsy report and subsequently filed a lawsuit under 42 U.S.C. § 1983.

On February 15, 1988, Steven Brotherton was found “pulseless” in an automobile and was taken to Bethesda North Hospital in Cincinnati, Ohio. He was pronounced dead on arrival. The hospital asked Deborah Brotherton to consider making an anatomical gift; she declined, based on her husband's aversion to such a gift, and her refusal was documented in the hospital's “Report of Death.”

Issue

Did the coroner's removal of the decedent's corneas without the consent of the widow and children violate their due process and equal protection rights?

Rule

The court applied the principle that property interests protected by the due process clause must be more than abstract desires; they must constitute a legitimate claim of entitlement. Additionally, established state procedures must provide predeprivation process before property can be taken.

The court applied the principle that property interests protected by the due process clause must be more than abstract desires; they must constitute a legitimate claim of entitlement.

Analysis

The court determined that Deborah Brotherton had a protected property interest in her husband's corneas, as Ohio law granted her rights to control the disposal of his body. The court found that the coroner's actions were governed by established state procedures that did not provide the necessary predeprivation process, thus violating her due process rights. The court emphasized that the removal of the corneas was not a random act but rather a systematic procedure that disregarded the widow's rights.

The court determined that Deborah Brotherton had a protected property interest in her husband's corneas, as Ohio law granted her rights to control the disposal of his body.

Conclusion

The Court of Appeals reversed the district court's dismissal of Deborah Brotherton's due process claim and remanded the case for further proceedings, affirming that she had a legitimate claim of entitlement in her husband's body.

The Court of Appeals reversed the district court's dismissal of Deborah Brotherton's due process claim and remanded the case for further proceedings.

Who won?

Deborah S. Brotherton prevailed in the case because the court recognized her due process rights regarding her husband's corneas and found that the coroner's office failed to provide the necessary predeprivation process.

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