Back in the 90s, the Sixth Circuit ruled that Michigan law provides next of kin with a constitutionally-protected property interest in a deceased relative's body. In two different cases, the Sixth Circuit Court of Appeals ruled that officials can't remove a decedent's corneas without the family's consent.
But what a coroner does with organs after a family member consents to removal is another story.
The Cincinnati-based appellate court ruled on Monday that, under Michigan law, a next of kin does not have a property interest in a decedent's brain that was removed and retained pursuant to a lawful investigation.