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eBook details

• Title: Smialek v. Begay
• Author : New Mexico Supreme Court
• Release Date : January 25, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

The only issue raised in the petition for certiorari is the standing of decedents siblings, respondents, to join their mother, Hanagoni Bitsie, in a suit for damages resulting from an alleged wrongful autopsy of the decedent. The surrounding facts are sufficiently detailed in the opinion of the court of appeals. The trial court dismissed the claims of the brothers and sisters; the court of appeals reversed and reinstated them, holding that they had standing to assert a a claim under 42 U.S.C. Section 1983 (1982) against the state medical investigator. We now reverse the court of appeals and affirm the trial courts dismissal of respondent-siblings as party plaintiffs.

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