GREEN v. CARLSON

No. 77-1334.

581 F.2d 669 (1978)

Mrs. Marie GREEN, Administratrix of the Estate of Joseph Jones, Jr. (a/k/a Roscoe Simmons), and next-of-kin of Joseph Jones, Jr., Plaintiff-Appellant, v. Norman A. CARLSON, Director, Federal Bureau of Prisons, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 3, 1978.

Rehearing Denied November 24, 1978.


Attorney(s) appearing for the Case

Charles Hoffman, Chicago, Ill., for plaintiff-appellant.

Bradley L. Williams, Asst. U.S. Atty., Indianapolis, Ind., for defendants-appellees.

Before FAIRCHILD, Chief Judge, SWYGERT, Circuit Judge, and GRANT, Senior District Judge.


Rehearing and Rehearing In Banc Denied November 24, 1978.

SWYGERT, Circuit Judge.

The principal issue presented on appeal is whether a claim against federal officials for damages based on alleged constitutional violations resulting in death survives for the benefit of the decedent's estate. In dismissing the complaint for the lack of subject matter jurisdiction, the district court held that survival of this federal claim is governed by the Indiana survival...

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