Fuller v. Marx

HENLEY, Senior Circuit Judge.

In September, 1978 the husband of plaintiff-appellant Leda Faye Fuller, Thomas Richard Fuller, died while imprisoned at the Cummins Unit of the Arkansas Department of Correction. The defendant, Dr. Stephen A. Marx, was the state medical examiner at the time. He performed an autopsy, and concluded that Fuller died of myocarditis, or heart failure. The body, except for the organs Dr. Marx examined during the autopsy, was returned to Fuller’s family for burial; the organs were separately disposed of. A year later the body was exhumed and a second autopsy was…