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Keywords

lawsuitplaintiffdue process

plaintiffdue process

Related Cases

Whaley v. County of Tuscola, 58 F.3d 1111, 64 USLW 2074, 1995 Fed.App. 0205P

Facts

The plaintiffs are the next of kin of deceased persons whose bodies were autopsied by Dr. Ronald Hines at the Saginaw Community Hospital. Dr. Hines's assistant, Armando Herrera, who owned the Central Michigan Eye Bank, allegedly removed corneas and eyeballs without the next of kin's permission, sometimes after they had specifically refused consent. The plaintiffs claimed that this was authorized by both Tuscola and Saginaw Counties, leading to their lawsuit after the removals were discovered.

Generally, the plaintiffs are the next of kin of deceased persons whose bodies were the object of autopsies by Dr. Ronald Hines at the Saginaw Community Hospital.

Issue

Whether Michigan law provides the next of kin with a constitutionally protected property interest in a deceased relative's body, including the eyes.

Specifically, we must decide whether Michigan law provides the next of kin with a constitutionally protected property interest in a deceased relative's body, including the eyes.

Rule

Property interests for due process purposes are created by state law, and the existence of a property interest depends on the rights granted by the state, which can include the right to possess and control the disposition of a deceased person's body.

The existence of a property interest for due process purposes depends in large part on state law.

Analysis

The court compared Michigan law to Ohio law, which had previously been established to recognize a property interest in a deceased relative's body. The court found that Michigan law similarly grants the next of kin rights to possess the body for burial and to prevent its mutilation. The court concluded that these rights constitute a legitimate claim of entitlement, thus qualifying as a property interest under the Fourteenth Amendment.

After reviewing Ohio and Michigan law, we conclude that they are in substance the same regarding the next of kin's rights in a deceased relative's body.

Conclusion

The court reversed the district court's decision and remanded for further proceedings, affirming that the next of kin have a constitutionally protected property interest in the bodies of deceased relatives.

Applying Brotherton, we therefore hold that Michigan provides the next of kin with a constitutionally protected property interest in the dead body of a relative.

Who won?

The next of kin prevailed in the case because the court recognized their constitutional property interest in the bodies of their deceased relatives, which had been denied by the district court.

We REVERSE the district court's decision, and REMAND for further proceedings.

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