United States Third Circuit

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Giles v. Campbell, 10-2353

In a prisoner's suit claiming excessive force and deliberate indifference under 42 U.S.C. section 1983 against several officers, district court's denial of the prisoner's motion to substitute a deceased defendant's estate as a defendant pursuant to Federal Rules of Civil Procedure 25(a), is vacated and remanded where: 1) because the prisoner's claim against the deceased defendant was pending under Delaware law at the time of the death, no presentation of the claim was required, and thus, the claim against that defendant was not extinguished by his death; and 2) because the government's representation of the deceased defendant ended when he died, the district court lacked personal jurisdiction over the estate.

Appellate Information

  • Decided 10/16/2012
  • Published 10/16/2012

Judges

  • Chagares

Court

  • United States Third Circuit

Counsel

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