Hayes v. Vessey

ORDER

JOINER, District Judge.

This case is before the Court on defendant’s Motion for Judgment Notwithstanding the Verdict pursuant to Rule 50(b) of the Federal Rules of Civil Procedure. Defendant ... argues that the derivative claims of plaintiff John Hayes for loss of consortium are not cognizable in an action brought under 42 U.S.C. § 1983.

Although there are no decisions directly on point, it is clear that the derivative claims of husband John Hayes are cognizable under § 1983. In Hall v. Wooten, 506 F.2d 564 (6th Cir.1974), the Court of Appeals was faced with the question of whether or not…