United States (2000), U.S. Court of Appeals for the Ninth Circuit

United States (2000), U.S. Court of Appeals for the Ninth Circuit

Estate of Maria Teresa Macias v. Mark Ihde
219 F.3d 1018 (9th Cir. 2000)

After the death of Mrs. Macias at the hands of her abusive husband, her family filed a case alleging that her constitution rights had been violated. This initial claim was dismissed after the Court found that murder was not a "constitutional deprivation". The Court of Appeals reversed this judgment, on the grounds that the violation of equal protection was the constitutional deprivation, not murder.

“The alleged constitutional deprivation in this matter was the alleged denial of equal police protection to Mrs. Macias… The district court erred in concluding that the alleged constitutional deprivation was the murder of Mrs. Macias. The district court also erred in dismissing the action without determining whether the Appellees' conduct deprived Mrs. Macias of her right to equal protection.” (Quoted form Original Judgment)

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