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ALBRECHT v. TREON

No. 09-3703.

617 F.3d 890 (2010)

Mark ALBRECHT; Diane Albrecht, Both individually and on behalf of others similarly situated, Plaintiffs-Appellants, v. Brian TREON, M.D., Individually and in his official capacity as Coroner of Clermont County, Ohio, and on behalf of others similarly situated; Board of County Commissioners of Clermont County, Ohio, for itself and on behalf of others similarly situated; Mary Walker, in her capacity as commissioner of Clermont County, Ohio, and on behalf of others similarly situated; Bob Proud, in his capacity as commissioner of Clermont County, Ohio, and on behalf of others similarly situated; Scott Croswell, in his capacity as commissioner of Clermont County, Ohio, and on behalf of others similarly situated, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 24, 2010.

Attorney(s) appearing for the Case

ARGUED: John Henry Metz , Law Office, Cincinnati, Ohio, for Appellants. H. Elizabeth Mason , Clermont County Prosecutor's Office, Batavia, Ohio, for Appellees. ON BRIEF: John Henry Metz , Law Office, Cincinnati, Ohio, Patrick J. Perotti , Dworken Bernstein Co., LPA, Painesville, Ohio, for Appellants. H. Elizabeth Mason , Clermont County Prosecutor's Office, Batavia, Ohio, for Appellees. Mark D. Landes , David G. Jennings,   Jennifer H. George , Isaac, Brant, Ledman & Teetor, Columbus, Ohio, David G. Lambert , Paul J. Cristallo , Frederick W. Whatley , Cuyahoga County Prosecutor's Office, Cleveland, Ohio, for Amici Curiae.

Before GUY and GRIFFIN, Circuit Judges; HOOD, Senior District Judge.

OPINION

HOOD, Senior District Judge.

Plaintiffs-Appellants Mark and Diane Albrecht, et al. ("the Albrechts") appeal the district court's decision to grant judgment on the pleadings in favor of Defendants-Appellees Brian Treon, et al. (hereinafter, "Defendants"). The Albrechts brought a claim pursuant to 42 U.S.C. § 1983, alleging that they were denied due process of law when the defendant coroner performed an autopsy on the Albrechts' son's remains...

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