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Wrongful Death Actions And Section 1983, Steven H. Steinglass

Law Faculty Articles and Essays

This article examines the use of 42 U.S.C. Section 1983 in cases in which violations of federal law by state or local officials result in a death and the rules that govern the existence of the cause of action and the available damages. State remedies for the protection of individual rights from official misconduct are often inadequate, and public protection is frequently unavailing. Thus, many plaintiffs seek alternative remedies, and in recent years the estates, personal representatives and survivors of victims of wrongful killings have increasingly turned to federal law and federal courts. Section 1983, however, is a threadbare statute, …