· 5/19/2014
Rukhsana Chaudhry v. City of Los Angeles
Citations
- 751 F.3d 1096
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding California’s survival statute limiting damages to pre-death economic losses inconsistent with § 1983 because it was too restrictive to provide adequate deterrence
- recognizing emotional distress as a concrete and cognizable injury
- finding plaintiffs had standing but their substantive due process claim failed on 20 merits because they had no property interest in remains of their deceased sibling under California law
- finding emotional 1 In a separately filed opinion, we address Plaintiffs’ claim that the County’s system of penalties and fees violates the Eighth Amendment’s Excessive Fines Clause. 2 distress cognizable
- reasoning 9 that “a prohibition against pre-death pain and suffering awards for a decedent's estate has 10 the perverse effect of making it more economically advantageous for a defendant to kill 11 rather than injure his victim.”
- \But Article III standing in no way depends on the merits of the plaintiff's contention that particular conduct is illegal.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, Smith, Watford
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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