Legal Opinion
Smialek v. Begay
New Mexico Supreme Court
Decided July 25, 1986No. 16243PublishedCited by 46 opinions
1Opinion of the Court
OPINION
WALTERS, Justice.
The only issue raised in the petition for certiorari is the standing of decedent’s siblings, respondents, to join their mother, Hanagoni Bitsie, in a suit for damages resulting from an alleged wrongful autopsy of the decedent. The surrounding facts are sufficiently detailed in the opinion of the court of appeals. The trial court dismissed the claims of the brothers and sisters; the court of appeals reversed and reinstated them, holding that they had standing to assert a claim under 42 U.S.C. Section 1983 (1982) against the state medical investigator. We now reverse the…
2Cases cited8 opinions
- Flast v. CohenSupreme Court of the United States · 1968
- Bowen v. RoySupreme Court of the United States · 1986
- Fuller v. MarxCourt of Appeals for the Eighth Circuit · 1984
- Cohen v. Groman Mortuary, Inc.California Court of Appeal · 1964
- Infield v. CopeNew Mexico Supreme Court · 1954
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Lymon v. Aramark Corp.District Court, D. New Mexico · 2010
- Glover v. GartmanDistrict Court, D. New Mexico · 2012
- Putthoff v. AncrumCourt of Appeals of Texas · 1996
- Luboyeski v. HillNew Mexico Supreme Court · 1994
- Barreras v. State Corrections DepartmentNew Mexico Court of Appeals · 2002
41 more not listed; retrieve them via the Exa API.