Can Milling bring a Fourteenth Amendment due process claim for loss of companionship?

MultiRegion, United States of America

The following excerpt is from Milling v. Las Vegas Metropolitan Police Dept., 67 F.3d 307 (9th Cir. 1995):

1 The complaint specifically alleged an equal protection violation, but the substance of the claim appeared to be, based on all the assertions in the complaint, that Milling's due process rights had been violated. See also Curnow v. Ridgecrest Police, 952 F.2d 321, 325 (9th Cir.1991) (parents of victim of excessive force can bring Fourteenth Amendment due process claim for loss of child's society and companionship), cert. denied, 113 S.Ct. 460 (1992). Indeed, Milling moved for leave to amend the complaint to specifically allege a due process claim based on loss of her son's companionship, but the district court never ruled on her motion. For purposes of this disposition, we assume Milling alleged a proper due process claim. From its order, it appears the district court did the same. The allegations in the complaint simply do not support a claim that Milling's equal protection rights were violated.

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