Legal Opinion
Brotherton v. Cleveland
Court of Appeals for the Sixth Circuit
Decided January 18, 1991No. 89-3820PublishedCited by 87 opinions
1Opinion of the Court
BOYCE F. MARTIN, Jr., Circuit Judge.
Deborah S. Brotherton, the wife of decedent Steven Brotherton, appeals the dismissal of her section 1983 claim for wrongful removal of her deceased husband’s corneas. Because we find that Deborah Brotherton has a protected property interest in her husband’s corneas and that the removal of those corneas was caused by established state procedures, we reverse.
On February 15, 1988, Steven Brotherton was found “pulseless” in an automobile and was taken to Bethesda North Hospital in Cincinnati, Ohio. He was pronounced dead on arrival. The hospital asked Deborah…
2Cases cited29 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Hudson v. PalmerSupreme Court of the United States · 1984
- Daniels v. WilliamsSupreme Court of the United States · 1986
24 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- Laurie Range v. Kenneth DouglasCourt of Appeals for the Sixth Circuit · 2014
- Hinkle v. City of ClarksburgCourt of Appeals for the Fourth Circuit · 1996
- Colavito v. New York Organ Donor Network, Inc.Court of Appeals for the Second Circuit · 2006
- Gary Arnett v. Gary T. Myers, Executive Director of the Tennessee Wildlife Resources AgencyCourt of Appeals for the Sixth Circuit · 2002
- United States v. FrostCourt of Appeals for the Sixth Circuit · 1997
82 more not listed; retrieve them via the Exa API.