Estate of Gilliam Ex Rel. Waldroup v. City of Prattville
2011 U.S. App. LEXIS 8485
| 11th Cir. | 2011Background
- Gilliam died seven hours after police tasered him during a traffic stop in Prattville, Alabama.
- Estate asserted state wrongful death claims and two § 1983 excessive force claims—one alleging death caused by force, one not alleging death.
- District court excluded death causation testimony from Estate experts and refused to allow the non-death § 1983 claim to proceed, granting summary judgment on the death-related claims and the state wrongful death claim.
- Trial proceeded on non-death § 1983 excessive force claims; jury returned a defense verdict for Gentry and a verdict against Emmanuel.
- The district court later determined Alabama’s survivorship statute (Ala.Code § 6-5-462) abated the non-death § 1983 claim, and Emmanuel appealed.
- The Eleventh Circuit held Ala.Code § 6-5-462 is not inconsistent with federal law and must be applied=
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Alabama’s survivorship statute apply to unfiled § 1983 claims? | Estate argues statute is inconsistent with § 1983 and federal policy. | Emmanuel contends Alabama law controls; statute abates non-death § 1983 claims. | Ala. Code § 6-5-462 applies; not inconsistent with federal law. |
| Is § 1988(a) three-step Robertson framework satisfied to apply state survivorship law here? | Robertson supports using federal law first, then state law absent inconsistency. | State survivorship may be applied if not inconsistent with federal law. | Framework satisfied; Alabama statute not inconsistent with federal law. |
| Does applying Ala.Code § 6-5-462 abate the non-death § 1983 claim in this case? | Survival should be available to challenge unconstitutional conduct regardless of death timing. | Abatement follows from unfiled tort claims not surviving death under state law. | Non-death § 1983 claim abates under Alabama law. |
Key Cases Cited
- Robertson v. Wegmann, 436 U.S. 584 (U.S. 1978) (establishes § 1988(a) three-step framework for survivorship policies)
- Brazier v. Cherry, 293 F.2d 401 (5th Cir. 1961) (survivorship policy not necessarily inconsistent with § 1983)
- Jaco v. Bloechle, 739 F.2d 239 (6th Cir. 1984) (survivorship rules and deterrence considerations under § 1983)