Estate of Gilliam Ex Rel. Waldroup v. City of Prattville

*1043COX, 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 statute, Ala.Code § 6-5-462, unfiled personal injury claims do not survive the death of the injured party. Finding this statute “inconsistent with the Constitution and laws of the United…