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· 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).

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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.