Keith Crabbs v. Zach Scott
880 F.3d 292
| 6th Cir. | 2018Background
- Keith Crabbs was arrested on voluntary manslaughter charges, released on bond, then had bond revoked during trial; after acquittal an ID-hold required a DNA cheek swab because jail had failed to collect one earlier.
- Keith filed a § 1983 suit against Sheriff Zach Scott (official capacity) alleging the DNA-collection/ID-hold policy, as applied to acquitted defendants, violated the Fourth Amendment.
- Keith died before resolution; his mother and estate representative, Anne Crabbs, moved to be substituted under Fed. R. Civ. P. 25(a)(1).
- The district court denied substitution, finding Keith’s § 1983 claim was extinguished by death, and dismissed the case.
- The Sixth Circuit reviewed de novo whether § 1983 claims survive under Ohio law and whether substitution was permitted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a § 1983 claim survives death under Ohio’s survivorship statute | Crabbs: § 1983 claim is a personal-injury action that survives as an “injury to the person” under Ohio Rev. Code § 2305.21 | Scott: Survivorship requires physical injury; constitutional/privacy invasion is non-physical and extinguished by death | Held: § 1983 claims are personal-injury actions and qualify as “injuries to the person,” so the claim survives death |
| Whether federal law or Ohio law governs survivorship of § 1983 claims | Crabbs: No federal survivorship rule exists; Ohio statute applies consistent with federal law | Scott: (implicit) state rule should not expand survivorship for federal claims absent clear federal intent | Held: In absence of federal rule, state survivorship law governs if not inconsistent with federal law; Ohio law applies |
| Whether characterization of § 1983 claims should vary by subtype for survivorship purposes | Crabbs: § 1983 claims should be uniformly characterized as personal injury actions | Scott: Different constitutional injuries (privacy vs. physical) may require different treatment | Held: Court adopts uniform characterization—§ 1983 claims are personal injury actions for survivorship purposes |
| Whether district court abused discretion by denying substitution under Rule 25 | Crabbs: Denial was legal error because claim survives and substitution is authorized | Scott: Denial was proper because claim was extinguished by death | Held: District court erred; substitution is permitted and case is remanded for further proceedings |
Key Cases Cited
- Wilson v. Garcia, 471 U.S. 261 (1985) (all § 1983 claims are best characterized as personal-injury actions for borrowing state procedural rules)
- Owens v. Okure, 488 U.S. 235 (1989) (uniform application of personal-injury/residual state limitations periods to § 1983 claims)
- Robertson v. Wegmann, 436 U.S. 584 (1978) (federal courts must look to state law for procedural rules like survivorship when no applicable federal rule exists)
- Bennett v. Tucker, 827 F.2d 63 (7th Cir. 1987) (treated § 1983 procedural due process claim as survivable under state survival statute)