· 11/16/2023
Samuel Perez v. By the Rockies, LLC, and Duane Layton
Citations
- 543 P.3d 1054
- 2023 COA 109
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- applying Ala- bama’s survivorship statute to determine whether a section 1983 excessive-force claim survived the injured party’s death
- “when a constitutional violation actually causes the injured party’s death, a § 1983 claim can be asserted through the Alabama wrongful death statute, Ala. Code § 6–5–410.”
- absent an inconsistency between the state law and federal law, the court cannot “craft a highly specific federal common law rule of survivorship that applies to the unique facts of this case”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.