DODSON v. UNIVERSITY OF ARK. FOR MED. SCIENCES

No. 09-1659.

601 F.3d 750 (2010)

Patricia DODSON, Plaintiff-Appellant, v. UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCES, By and Through the UNIVERSITY OF ARKANSAS SYSTEM BOARD OF TRUSTEES; James E. Lindsey, Trustee, in his official capacity only; Tim E. Hunt, Trustee, in his official capacity only; Jane Rogers, Trustee, in her official capacity only; Carl Johnson, Trustee, in his official capacity only; John Ed Anthony, Trustee, in his official capacity only; Mike Akin, Trustee, in his official capacity only; Sam Hilburn, Trustee, in his official capacity only; Jim Von Gremp, Trustee, in his official capacity only; John Tyson, Trustee, in his official capacity only; Ben Hyneman, Trustee, in his official capacity only; B. Alan Sugg, President of the University of Arkansas System, in his official capacity only; I. Dodd Wilson, M.D., Chancellor, University of Arkansas for Medical Sciences, in his official and individual capacity; Jackson O. Lay, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 2, 2010.


Attorney(s) appearing for the Case

Richard Christopher Madison, argued, Little Rock, AR, for appellant.

John Jarrod Russell, argued, for appellee Dr. Jackson O. Lay.

Elizabeth Smith, argued, Little Rock, AR (Jeffrey Alan Bell, on the brief) for Defendants-Appellees.

Before RILEY, Chief Judge, WOLLMAN, and MELLOY, Circuit Judges.


PER CURIAM.

Appellant Patricia Dodson seeks control over the fate of eighteen cryogenically frozen embryos, which she created with her ex-husband through the In-Vitro Fertilization ("IVF") Program at the University of Arkansas for Medical Sciences ("UAMS"). Dodson brought this action, alleging that UAMS's refusal to allow her control over the disposition of the embryos violates her constitutional rights and breaches an implied...

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