Id. at 588–89, 98 S.Ct. 1991. Because "[n]o federal statute or rule says anything about the survivorship of § 1983 claims," Crabbs v. Scott , 880 F.3d 292, 294 (6th Cir. 2018), we turn to the relevant Ohio law, which provides: In addition to the causes of action which survive at common law, causes of action for mesne profits, or injuries to the person or property, or for deceit or fraud, also shall survive; and such actions may be brought notwithstanding the death of the person entitled or liable thereto.
Id. at 588-89, 98 S.Ct. 1991. Because "[n]o federal statute or rule says anything about the survivorship of § 1983 claims," Crabbs v. Scott, 880 F.3d 292, 294 (6th Cir. 2018), we turn to the relevant Ohio law, which provides: In addition to the causes of action which survive at common law, causes of action for mesne profits, or injuries to the person or property, or for deceit or fraud, also shall survive; and such actions may be brought notwithstanding the death of the person entitled or liable thereto.
Mr. Sims's argument has support from two recent Sixth Circuit decisions, both of which applied similar reasoning to what Mr. Sims has put forward in deciding to treat all § 1983 claims as generalized personal injury claims when determining survivability. See Jackson v. City of Cleveland, 925 F.3d 793, 809-12 (6th Cir. 2019) (citing Crabbs v. Scott, 880 F.3d 292, 294-95 (6th Cir. 2018).
They further argue that O'Donnell must allege a physical injury for Decedent's claims to survive. O'Donnell, citing the Sixth Circuit's recent decision in Crabbs v. Scott, 880 F.3d 292 (2018) disputes that contention. I agree with O'Donnell that the claims survived her father's death.
Although Bolin may appear to resolve the question of survivorship on the claim herein, the Sixth Circuit has recently weighed in on the issue of § 1983 actions and their interaction with state survivorship statutes. In Crabbs v. Scott , 880 F.3d 292 (6th Cir. 2018), the Court characterized all § 1983 actions as claims for personal injury, which in Ohio as in Tennessee, do not abate upon the death of one of the parties to the litigation. See Ohio Rev. Code § 2305.21 ("[C]auses of action for ... injuries to the person ... shall survive; and ... may be brought notwithstanding the death [of either party]."); Tenn. Code Ann. § 20-5-102 ("No civil action commenced ... shall abate by the death of either party, but may be revived...."); Can Do, Inc. Pension and Profit Sharing Plan and Successor Plans v. Manier, Herod, Hollabaugh & Smith , 922 S.W.2d 865, 867 (Tenn. 1996) ("[C]laims for personal injuries survive....")
Because he passed away after he appealed, the panel must determine whether his § 1983 claims survive his death. To answer that question, we look at the forum state's survivorship laws because "no suitable federal rule" governs this situation. Crabbs v. Scott, 880 F.3d 292, 294 (6th Cir. 2018).
We have held that the forum state's law determines whether a § 1983 claim survives an individual's death. See Crabbs v. Scott, 880 F.3d 292, 294 (6th Cir. 2018). In Crabbs, a § 1983 claimant died before his claim could be resolved and the district court denied his mother's motion to be substituted as plaintiff.
Anne Crabbs, his mother and personal representative in charge of his estate, has since taken over the case. See Crabbs v. Scott, 880 F.3d 292 (6th Cir. 2018) (Crabbs II). II. Standard of Review
State law also determines whether and under what circumstances a § 1983 claim survives an individual's death. See Crabbs v. Scott, 880 F.3d 292, 294 (6th Cir. 2018); see also Estate of Majors v. Gerlach, 821 Fed.Appx. 533, 537 (6th Cir. 2020) (applying § 600.5852 to a § 1983
Bailey v. United States, 115 F.Supp.3d 882, 889 (N.D. Ohio 2015) (citing Mansour v. Woo, No. 2011-A-0038, 2012 WL 1493862, *7 (Ohio Ct. App. 2012)). Ohio's survivorship statute provides that “causes of action for . . . injuries to the person . . . may be brought notwithstanding the death of the person entitled . . . thereto.” Ohio Rev. Code § 2305.21; see also Crabbs v. Scott, 880 F.3d 292, 294 (6th Cir. 2018). There is no allegation of a survivorship theory in the Complaint.