Nashville, TN asked in Gov & Administrative Law for Michigan

Q: May a public body and it's employees be sued in their individual capacity; for Tort of Outrage/ Tort of Interference?

Under 42 USC § 1983 for mishandling deceased remains/ bodies and manipulating records.

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Unlikely. A successful 1983 claim would need to establish that a government agency or its actors deprived YOU of a Constitutionally protected right; that's not the same thing as their actions simply violating a law as might be the case with simple negligence.

Not saying it's impossible, but it would be hard to imagine a fact scenario where someone or some agency mishandled a death in such a way that a living being has standing to effectuate a claim of being deprived of due process, equal protection, etcetera. Further, depending on what's alleged, and which agencies or persons are involved, you would still have to get around qualified immunity - which can range from hard to impossible.

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