BROTHERTON v. CLEVELAND

No. 89-3820.

923 F.2d 477 (1991)

Deborah S. BROTHERTON; Deborah S. Brotherton, Individually and as Administratrix of the Estate of Steven Brotherton; Deborah S. Brotherton, on behalf of her minor children, Carrie Brotherton and Melissa Brotherton, Plaintiffs-Appellants, v. Frank P. CLEVELAND, M.D.; Board of County Commissioners of Hamilton County, Ohio; Joseph M. DeCourcy; Norman A. Murdock; Robert A. Taft, II; Eye Bank Association of America; Cincinnati Eye Bank for Sight Restoration, Inc.; Ohio Valley Organ Procurement Center; Bethesda North Hospital; Bethesda, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 18, 1991.

Rehearing and Rehearing Denied April 3, 1991.


Attorney(s) appearing for the Case

John H. Metz (argued), Cincinnati, Ohio, for plaintiffs-appellants.

Philip L. Zorn, Jr. (argued), Stephen A. Bailey, Lindhorst & Dreidame, Harry J. Finke IV (argued), Graydon, Head & Ritchey, Holly S. Doan (argued), John J. Cruze, Porter, Wright, Morris & Arthur, Bruce B. McIntosh (argued), McIntosh, McIntosh & Knabe, Cincinnati, Ohio, for defendants-appellees.

Before MARTIN and BOGGS, Circuit Judges, and JOINER, Senior District Judge.


Rehearing and Rehearing En Banc Denied April 3, 1991.

BOYCE F. MARTIN, Jr., Circuit Judge.

Deborah S. Brotherton, the wife of decedent Steven Brotherton, appeals the dismissal of her section 1983 claim for wrongful removal of her deceased husband's corneas. Because we find that Deborah Brotherton has a protected property interest in her husband's corneas and that the removal of those corneas was caused by established state procedures, we reverse.

On...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases