![]() Two Types of Claims: Procedural and Substantive Siblings cannot bring claims under the Fourteenth Amendment for the deprivation of their liberty interest arising out of their relationship with their sibling. The extent to which grandparents have such an interest has not been decided, although a noncustodial grandparent generally does not have a protectable interest. Other familial relationships may not give rise to a protectable liberty interest. (holding relationship between child adopted as infant and biological mother insufficient for child to bring Fourteenth Amendment loss of companionship claim). Parents can bring a Fourteenth Amendment due process claim only if they demonstrate “consistent involvement in a child’s life and participation in child-rearing activities.” Wheeler, 894 F.3d at 1058. 2016) (en banc) (“It is when an unwed father demonstrates a full commitment to the responsibilities of parenthood by coming forward to participate in the rearing of his child that his interest in personal contact with his child acquires substantial protection under the due process clause.”) (internal quotation marks and brackets omitted). In order to bring a Fourteenth Amendment due process claim, the parent and child must have relationships “which reflect some assumption ‘of parental responsibility.’” Kirkpatrick v. The mere existence of a biological link between parent and child is not a sufficient basis to support a Fourteenth Amendment claim for loss of familial relationship rights. Parents and children raising such claims are alleging a deprivation of their own liberty rights they are not asserting the rights of the decedent or injured child or parent. State interference with these liberty interests may give rise to a Fourteenth Amendment due process claim that is cognizable under 42 U.S.C. ![]() A child’s right includes only a companionship interest. 1986) (recognizing that parents of deceased 22-year-old son could not allege constitutional right to parent a minor child, but could claim violation of right to companionship and society). A parent’s right includes a custodial interest (but only while the child is a minor), and a companionship interest (even after a child reaches the age of majority). The protected liberty interest is independently held by both parent and child. This liberty interest is rooted in the Fourteenth Amendment, which states in relevant part that “o State shall . . . deprive any person of life, liberty, or property, without due process of law.” U.S. 1987), overruled on other grounds by Hodgers-Durgin v. Parents and children possess a constitutionally protected liberty interest in companionship and society with each other. Interference with Parent/Child Relationship
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