Legal Opinion
Atkins Ex Rel. Atkins v. City of Chicago
Court of Appeals for the Seventh Circuit
Decided November 10, 2008No. 07-2757PublishedCited by 91 opinions
1Opinion of the Court
POSNER, Circuit Judge.
This appeal from the dismissal of a civil rights suit under 42 U.S.C. § 1983 requires us to interpret Rule 25(a) of the Federal Rules of Civil Procedure, which governs the substitution of a party who has died. The rule was revised last year, after the district court proceedings relating to this appeal, so our references will be to the unamended rule. The committee note states that the changes made by the amended rule are only stylistic.
The rule provides that if the claim on which the suit is based survives the death (some claims, such as claims of defamation, die with…
2Cases cited12 opinions
- Baker v. McCollanSupreme Court of the United States · 1979
- Brian Barlow v. George Ground, Officer 9129 L.O. Oberlies, Officer 1706 A. Tucker, Officer 9363 Ray Shay, Officer 3269Court of Appeals for the Ninth Circuit · 1994
- Fariss v. Lynchburg FoundryCourt of Appeals for the Fourth Circuit · 1985
- Continental Bank, N.A. v. MeyerCourt of Appeals for the Seventh Circuit · 1993
- Denis Rende v. Alfred S. KayCourt of Appeals for the D.C. Circuit · 1969
7 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Atkins v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2011
- Kotler v. JubertCourt of Appeals for the Second Circuit · 2021
- Wardell Giles v. Gary CampbellCourt of Appeals for the Third Circuit · 2012
- Keva Sampson v. ASC IndustriesCourt of Appeals for the Fifth Circuit · 2015
- Marida Silas v. Sheriff of Broward County FloridaCourt of Appeals for the Eleventh Circuit · 2022
86 more not listed; retrieve them via the Exa API.