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Information for "Section 1983 Litigation/Survivorship and Wrongful Death"
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| Display title | Section 1983 Litigation/Survivorship and Wrongful Death |
| Default sort key | Section 1983 Litigation/Survivorship and Wrongful Death |
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| Page ID | 21079 |
| Page content language | en - English |
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| Page creator | Lost Student (talk | contribs) |
| Date of page creation | 00:10, June 28, 2020 |
| Latest editor | Lost Student (talk | contribs) |
| Date of latest edit | 00:10, June 28, 2020 |
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This attribute controls the content of the description and og:description elements. | Survivorship of § 1983 claims is not covered by federal law. In Robertson v. Wegmann,[1] the Supreme Court held that to remedy this deficiency, 42 U.S.C. § 1988(a) requires federal courts to borrow state survivorship law, so long as it is not inconsistent with the policies of § 1983.[2] The Court identified the policies underlying § 1983 as including “compensation of persons injured by deprivation of federal rights and prevention of abuses of power by those acting under color of state law.”[3] It ruled, however, that the mere fact that the particular § 1983 claim abates under state law does not mean that the state law is inconsistent with the policies of § 1983. Rather, whether state survivorship law is compatible with the policies of § 1983 depends on whether that state law is generally hospitable to the survival of § 1983 claims.[4] The Court held that the Louisiana law was not inconsistent with the policies of § 1983 despite causing the particular § 1983 claim to abate.[5] However, it indicated that the result might be different if the “deprivation of federal right caused death.”[6] |
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