Legal Opinion
Dwayne Arnaud and Ellen Arnaud v. Charles B. Odom, Jr., Mary Ann Tolliver and Paul Felix v. Charles B. Odom, Jr. And Robert B. Thompson
Court of Appeals for the Fifth Circuit
Decided April 19, 1989No. 88-4053, 88-4099PublishedCited by 35 opinions
1Opinion of the Court
JOHNSON, Circuit Judge:
In the instant two appeals, the plaintiff parents of two deceased infant children assert deprivations by the State of Louisiana of constitutional property and liberty interests in the bodies of their dead children pursuant to 42 U.S.C. § 1983. The district court dismissed the claims of both the parents of Christina Arnaud and the parents of Kendall Felix for failure to state a claim upon which relief may be granted pursuant to Fed.R.Civ.P. 12(b)(6). Persuaded that available state post-deprivation remedies exist which satisfy constitutional procedural due process…
2Cases cited28 opinions
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Parratt v. TaylorSupreme Court of the United States · 1981
- Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
- Baker v. McCollanSupreme Court of the United States · 1979
- Roe v. WadeSupreme Court of the United States · 1973
23 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Hinkle v. City of ClarksburgCourt of Appeals for the Fourth Circuit · 1996
- Brotherton v. ClevelandCourt of Appeals for the Sixth Circuit · 1991
- Hinkle v. The City Of ClarksburgCourt of Appeals for the Fourth Circuit · 1996
- O. v. Ft Bend Indep Sch DistCourt of Appeals for the Fifth Circuit · 2021
- United States of America, Cross-Appellant v. Michael Wesley O'banion, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1991
30 more not listed; retrieve them via the Exa API.