BEARD v. ROBINSON

No. 76-1708.

563 F.2d 331 (1977)

Eloise BEARD, as Administratrix for the Estate of Jeff Beard, the Deceased, Plaintiff-Appellant, v. Stanley B. ROBINSON, Roy Martin Mitchell, and Certain Officers of the Federal Bureau of Investigation, whose true identities are unknown to the plaintiff, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 28, 1977.


Attorney(s) appearing for the Case

Harold C. Hirshman, Chicago, Ill., for plaintiff-appellant.

Thomas P. Sullivan, U. S. Atty., Alexandra M. Kwoka, Asst. U. S. Atty., Ronald S. Barliant, Chicago, Ill., for defendants-appellees.

Before BAUER and WOOD, Circuit Judges, and SHARP, District Judge.


BAUER, Circuit Judge.

In this appeal we must determine whether damage claims brought against a state officer under the Civil Rights Acts, 42 U.S.C. § 1981, et seq., and against federal officers under the Fourth Amendment survive the death of the injured party, and whether the claims are time-barred. The district court held that some of the claims did not survive the death of the injured party and that the other claims were time-barred. We reverse.

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