Rose Eileen Trujillo and her daughter, Patricia Trujillo, appeal from the dismissal of their action filed under
42 U.S.C. § 1983 (1982).
In their complaint, the Trujillos allege that the wrongful death of their son and brother, Richard Trujillo, while incarcerated at the Santa Fe County Jail, deprived them of their constitutional right of familial association under the First and Fourteenth Amendments. Defendants, various officials and public bodies of both the City and County of Santa Fe, moved to dismiss the complaint for failure to state a claim or, in the alternative, for summary judgment on the ground that the Trujillos lacked standing. In a second motion for summary judgment, defendants argued that a settlement and release signed by the decedent's former wife and personal representative precluded any claim on behalf of Richard Trujillo. Treating the motion to dismiss as a motion for summary judgment,
see Fed.R.Civ.P. 12(b), the district court concluded that the Trujillos had not alleged a constitutional right compensable under
section 1983. He therefore granted both motions and dismissed the complaint. We affirm the judgment, but on different grounds.