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10/05/2017

Israel Stinson – Court Dismisses Constitutional Challenge to Uniform Determination of Death Act

Israel Stinson was determined dead in April 2016. But his parents disputed both the accuracy of that diagnosis and the legitimacy of the manner in which clinicians proceeded.


Stinson’s parents litigated these issues in several California state courts (both Placer and LA Counties) and in the U.S. District Court for the Eastern District of California where they have alleged constitutional defects with the Uniform Determination of Death Act.


Over the past several months, the federal court dismissed the complaint several times permitting the plaintiffs to amend to correct defects. Late last month, the federal court dismissed the Third Amended Complaint with prejudice, holding  plaintiffs failed to show they have standing to pursue their claims. Furthermore, the court held that plaintiffs articulated no arguments and subsequent events that would make an amendment not futile.

This entry was posted in Health Care and tagged . Posted by Thaddeus Mason Pope, JD, PhD. Bookmark the permalink.

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