HALL v. WOOTEN

No. 73-2078.

506 F.2d 564 (1974)

Myrtle HALL, Administratrix of the Estate of Charles Edward Hall, Deceased, Plaintiff-Appellant, v. Honorable George WOOTEN, Judge, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

November 19, 1974.


Attorney(s) appearing for the Case

Cline, McAfee, Adkins & Gillenwater, Carl E. McAfee, Donald E. Earls, Norton, Va., John N. Cornett, Whitesburg, Ky., for plaintiff-appellant.

Robert C. Muncy, Hyden, Ky., Grant F. Knuckles, Pineville, Ky., James S. Wilson, Pineville, Ky., for defendants-appellees.

Before PHILLIPS, Chief Judge, and EDWARDS and McCREE, Circuit Judges.


McCREE, Circuit Judge.

This appeal from the dismissal of a complaint requires us to determine whether, in Kentucky, a cause of action for deprivation of civil rights under 42 U.S.C. § 1983 survives the death of the person injured and may be brought by his legal representative. We conclude that the action does survive and reverse the judgment dismissing the case and remand for further proceedings.

This action arises from the brutal murder of Charles Edward...

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