Case Explained: GARY BETTS and EARL BETTS v. BOONE COUNTY, ILLINOIS, and REBECCA WIGGET

Court: United States Court of Appeals for the Seventh Circuit Filed: 2026-06-15 The Seventh Circuit affirmed the district court’s dismissal of the plaintiffs’ § 1983 claim against Boone County, Illinois, holding that the coroner’s unauthorized retention of a decedent’s skull did not establish an official county policy under *Monell v. Department of Social Services*. The court determined that while state law recognizes a property interest in a deceased family member’s remains, municipal liability requires that the constitutional deprivation be caused by an official policy or custom. Under Seventh Circuit precedent, specifically *Auriemma v. Rice* and *Killinger v. Johnson*, a government official is not a final policymaker for purposes of *Monell* when their actions violate state law rather than implement it. The court found that Illinois statute 55 ILCS 5/3-3021 unequivocally mandated that coroners release bodily remains to the next of kin, thereby restricting the coroner’s authority and preventing his rogue conduct from constituting official county policy. Consequently, the county is not liable for the individual actions of the coroner, which amounted to a violation of state law rather than an implementation of municipal policy. The practical consequence is that the plaintiffs’ federal civil rights claim against the municipality fails, leaving them with potential recourse only against the individual coroner or through state tort remedies. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.