Wardell Giles v. Gary Campbell
698 F.3d 153
| 3rd Cir. | 2012Background
- Giles, a Delaware prisoner, sued Campbell and others under 42 U.S.C. § 1983 for excessive force and related medical treatment claims.
- Campbell, a Sussex Correctional Institution sergeant, died in July 2006 during the proceedings.
- On December 14, 2009, Giles moved to substitute Campbell’s estate (Wendy Selby) under Rule 25(a)(1).
- The District Court denied substitution, held the claim extinguished, and removed Campbell from the caption.
- Giles tried the remaining defendants; a jury returned verdict for them.
- On appeal, Giles challenges both survivorship and substitution procedures, and the District Court’s jurisdiction over the estate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Giles’s claim survived Campbell’s death under Delaware law | Giles argues claim remained pending; §2104(2) requires no presentation. | Campbell’s death extinguishes the claim unless pending at death. | Claim was not extinguished; had to be treated as pending. |
| Whether the District Court properly treated the claim as not extinguished due to pending status | Swartz broadens 'pending' to include post-death actions until final judgment. | Grant of summary judgment was not final; thus not pending. | District Court erred by treating judgment as final; pending status persisted. |
| Whether service under Rule 25(a)(3) was proper on Campbell’s estate | Serving counsel suffices; estate need not be served. | Rule 4 service on the estate is required; counsel service is inadequate. | Service on estate required; filings as to substitution were nullities. |
| Whether the District Court had personal jurisdiction over Campbell’s estate | No proper Rule 4 service means no jurisdiction over estate. | Estate was properly before court; substitution valid. | District Court lacked personal jurisdiction; remand to refile with proper service. |
Key Cases Cited
- Robertson v. Wegmann, 436 U.S. 584 (U.S. 1978) (survival of § 1983 not impliedly provided; use forum state survivorship law)
- Swartz v. Meyers, 204 F.3d 417 (3d Cir. 2000) (pending includes time for discretionary review; not necessarily final judgment)
- Bass v. Attardi, 868 F.2d 45 (3d Cir. 1989) (attorney’s representation ends at death; service must be on estate under Rule 4)
- Atkins v. City of Chicago, 547 F.3d 869 (7th Cir. 2008) (notice to lawyers; service on decedent’s representative required for Rule 25(a)(3) clock)
- Ransom v. Brennan, 437 F.2d 513 (5th Cir. 1971) (service on nonparty successor required; Rule 4 governs jurisdictional service)
- Harris v. Kellogg Brown & Root Servs., Inc., 618 F.3d 398 (3d Cir. 2010) (final decision concept to avoid piecemeal review; not a single-factor test)