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ESTATE OF GILLIAM v. CITY OF PRATTVILLE

No. 10-10670.

639 F.3d 1041 (2011)

The ESTATE OF Eugene Donjuall GILLIAM, by and through his Personal Representative, Cynthia Harmon WALDROUP, Administratrix, Plaintiff-Appellee, v. CITY OF PRATTVILLE, et al., Defendants, Camille Emmanuel, individually, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 26, 2011.

Attorney(s) appearing for the Case

Donald Gordon Madison ; Elizabeth Peyton Faulk , Joseph Brady Lewis , Lewis, Bush & Faulk, LLC, Montgomery, AL, for Plaintiff-Appellee.

Rick A. Howard , Steven Anthony Higgins , April W. McKay , Brandy F. Price , Holtsford, Gilliland, Higgins, Hitson & Howard, P.C., Montgomery, AL, for Defendant-Appellant.

Before MARTIN, COX and BLACK, Circuit Judges.

COX, Circuit Judge:

No language in 42 U.S.C. § 1983 provides for the survival of a civil rights action in favor of another upon the death of the injured party. Because the statute is silent or "deficient" in this respect, 42 U.S.C. § 1988(a) requires application of state survivorship law, provided that law is "not inconsistent with the Constitution and laws of the United States." Under the Alabama survivorship...

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