In a 42 U.S.C. section 1983 action against a county Medical Examiner for depriving plaintiff of her right to dispose of her deceased mother's brain (removed in an autopsy and later incinerated as medical waste), denial of defendant's motion for summary judgment based on qualified immunity is reversed where plaintiff had no clearly established property right in the brain because it was removed and retained for study in furtherance of a lawful criminal investigation.
Argued: June 16, 2009
Decided and Filed: July 22, 2009
Opinion by Judge Gilman
For Amici Curiae: