Archer v. Preisser
Opinion of the Court
Carol Archer as guardian of two minor children appeals from an order entered in the District Court
As noted by the district court, appellant’s complaint is devoid of any allegations that the defendants deprived the children of any federally protected rights. Appellant’s complaint rather asserted decedent’s cause of action.
Title 42 U.S.C. § 1983 does not address the question of the survival of an action where the individual whose civil rights have allegedly been denied has died. In proceedings to vindicate civil rights, 42 U.S.C. § 1988 (1976) authorizes reference to state law for questions left unanswered by the applicable federal law. Thus, in order to ascertain whether in the present case the decedent’s § 1983 cause of action survived, as well as who has standing to prosecute
Iowa Code Ann. § 611.20 (West 1981) provides for the survival of actions. Section 611.22 grants standing to bring such an action only to the legal representative or successors in interest of the deceased. See Egan v. Naylor, 208 N.W.2d 915, 918 (Iowa 1973). Thus appellant, as guardian for decedent’s children, did not have standing to prosecute this action.
Accordingly, the order of the district court dismissing appellant’s action for lack of standing is affirmed.
. The Honorable Harry D. Vietor, United States District Judge for the Southern District of Iowa.
Reference
- Full Case Name
- Carol ARCHER, as natural guardian of Tara and Patrick Ruschmann, the minor children of the Gary Ray Ruschmann, Lanette Tackett, as administratrix of the deceased's estate v. Individually, and in official capacities w/Iowa Men's Penitentiary at Fort Madison Victor PREISSER, Commissioner, Iowa Dept. of Social Services Harry Woods, Director, Iowa Division of Adult Corrections Jack Baughman, Warden Paul Hedgepeth, Deputy Warden James Menke, Head of Security Dennis Babcock, Counselor Leo Shipe, Cellhouse Captain Mohammed Irfan, Psychologist Maurice Mecley, Physician's Assistance Dr. Orland Daumy, Supervising Physician
- Cited By
- 5 cases
- Status
- Published