Betts v. Boone County, Illinois

Plaintiffs filed a lawsuit against Boone County, Illinois under 42 U.S.C. § 1983 for the “abhorrent and macabre behavior” of a former county coroner, which was discovered after the coroner’s death. The Seventh Circuit considered whether the coroner’s actions established an “official policy” of unconstitutionally retaining human remains. The appellate court concluded that the answer was “no” and that the county was not liable because state law requires that coroners return bodily remains to families and, as a result, the coroner frustrated an official policy rather than established an unconstitutional policy. (SCUDDER, concurring and HAMILTON, dissenting)