Whaley v. County of Tuscola

BAILEY BROWN, Circuit Judge.

The plaintiffs brought these § 1983 actions claiming that the defendants violated their Fourteenth Amendment procedural due process rights by removing the corneas or eyeballs of their recently deceased relatives. The interesting question raised in this consolidated appeal is what relief the Constitu*1113tion might provide when a state actor steals the eyes of a dead mam Specifically, we must decide whether Michigan law provides the next of kin with a constitutionally protected property interest in a deceased relative’s body, including the eyes. The district court…