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WAESCHLE v. DRAGOVIC

No. 08-2228.

576 F.3d 539 (2009)

Karen WAESCHLE, individually and on behalf of others similarly situated, Plaintiff-Appellee, v. Ljubisa J. DRAGOVIC, individually and in his official capacity as Medical Examiner of Oakland County, Michigan, and Oakland County, Michigan, a municipal corporation, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 14, 2009.

Attorney(s) appearing for the Case

ARGUED: William H. Horton, Giarmarco, Mullins & Horton, P.C., Troy, Michigan, for Appellants. Patrick J. Perotti, Dworken Bernstein Co., LPA, Painesville, Ohio, for Appellee. Steven M. Jentzen, Steven M. Jentzen, P.C., Ypsilanti, Michigan, for Amici Curiae. ON BRIEF: William H. Horton, Elizabeth A. Favaro, Giarmarco, Mullins & Horton, P.C., Troy, Michigan, Keith J. Lerminiaux, Oakland County Corporation Counsel, Pontiac, Michigan, for Appellants. Patrick J. Perotti, Dworken Bernstein Co., LPA, Painesville, Ohio, John Henry Metz, Law Office, Cincinnati, Ohio, for Appellee. Steven M. Jentzen, Steven M. Jentzen, P.C., Ypsilanti, Michigan, B. Eric Restuccia, Office of the Michigan Attorney General, Lansing, Michigan, Daniel A. Ophoff, Kent County, Grand Rapids, Michigan, Joanne G. Swanson, Kerr, Russell and Weber, PLC, Detroit, Michigan, for Amici Curiae.

Before GILMAN and McKEAGUE, Circuit Judges; BARRETT, District Judge.

AMENDED OPINION

RONALD LEE GILMAN, Circuit Judge.

After Karen Waeschle's mother died, an autopsy was performed to determine the cause of death. When the mother's remains were returned to Waeschle for cremation, she was not informed that the brain had been removed during the autopsy and was still being studied by the Medical Examiner. Waeschle sued Oakland County and Ljubisa J. Dragovic, the Oakland County Medical Examiner (Dragovic or the Medical Examiner...

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