NEWMAN v. SATHYAVAGLSWARAN

No. 00-55504.

287 F.3d 786 (2002)

Robert NEWMAN, as father and next of kin of Richard A. Newman and Barbara Obarski as mother and next of kin of Kenneth S. Obarski, individually and on behalf of all other similarly situated individuals, Plaintiffs-Appellants, v. L. SATHYAVAGLSWARAN, M.D., in his official capacity as Chief Medical Examiner-Coroner of the County of Los Angeles; Anthony T. Hernandez, in his official capacity; County of Los Angeles, Department of the Coroner, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2002.


Attorney(s) appearing for the Case

Bill Colovos, Southgate, MI, for the plaintiffs-appellants.

Cheryl A. Orr, Musick, Peeler & Garrett LLP, Los Angeles, California; Aaron M. Peck, Arter & Hadden LLP, Los Angeles, CA, for the defendants-appellees.

Before: BROWNING, FERNANDEZ and FISHER, Circuit Judges.


FISHER, Circuit Judge.

Parents, whose deceased children's corneas were removed by the Los Angeles County Coroner's office without notice or consent, brought this 42 U.S.C. § 1983 action alleging a taking of their property without due process of law. The complaint was dismissed by the district court for a failure to state a claim upon which relief could be granted. We must decide whether the longstanding recognition in the law of California, paralleled by our...

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