Justia Civil Rights Opinion Summaries

Appellant, the personal representative of the estate of her son, sued two police officers alleging violations of state wrongful death claims and excessive force claims under 42 U.S.C. 1983 when her son died after being arrested and tasered by the officers. At issue was whether a section 1983 excessive force claim survived in Alabama if the injured party died before the lawsuit was filed, or abated pursuant to Ala. Code 6-5-462. The court held that there was no inconsistency between section 6-5-462 and federal law and that the statute was applicable to this case. Therefore, the excessive force claim against one of the officers abated under Alabama law when section 6-5-462 applied to the action, which was not filed prior to the death of the son.