GERALD E. ROSEN, Chief Judge.
This tragic case presents a model of how not to litigate a Section 1983 damages claim. On the one hand, we have an absolute tragedy—the death of a young man within just weeks of his older brother being shot and killed in a separate incident. Our hearts go out to the mother who has had to endure this double loss. On the other hand, we have a plaintiff's lawyer who failed to plead a state wrongful death claim, failed to aggressively pursue this case even after the Court pushed him to do so, and failed to put on any cognizable evidence that would support punitive damages when given the chance. The resultant lack of record evidence has tied the Court's hands in issuing this damages award.
Plaintiff Rosalind Blair, in her capacity as personal representative of the estate of her deceased son, Marquis Blair, filed a two-count Section 1983 Complaint in this Court against Wayne County Deputy Sheriff Gregory Harris (Count I) and the County of Wayne (Count II) alleging that, on August 5, 2007, Defendant Harris, who was at the time off-duty, shot and killed
Wayne County is not representing or indemnifying individual Defendant Harris. Harris never answered or otherwise responded to Plaintiff's Complaint, and a Default Judgment of Liability was entered against him.
After hearing the testimony and the arguments of counsel, the Court took the matter under advisement. Thereafter, the Court ordered supplemental briefing on the damages issue. Having reviewed and considered Plaintiff's testimony, counsel's arguments and the entire record of this matter, the Court now renders its decision on damages.
According to the various police reports of the events of August 5, 2007—including witness statements and the Internal Affairs Department's Report of its interview with Defendant Harris—the events giving rise to this action are as follows.
At approximately 1:00 a.m. on Sunday, August 5, 2007, Gregory Harris,
Harris observed a black male, who was subsequently identified as Marquis Blair, the Plaintiff's decedent, inside his van behind the steering wheel. Harris ran back upstairs and retrieved his personal SIG Sauer 9mm handgun, loaded it and ran back downstairs. He exited the front door with his gun drawn and yelled to Blair, "Halt. Stop. Police. It's a police officer's van." According to Harris, Blair looked toward him, extended his arm in his direction, with what Harris described as a
Blair did not return fire or otherwise respond to Harris's shots. Rather, he ducked under the steering wheel and exited the van through the open driver's side door. Harris approached the van, and as he moved toward the front end of the vehicle, Blair ran past him. According to Harris, as Blair ran by, he no longer saw the shiny object in his hand. He stated, however, that while Blair was running away, he turned toward him and Harris thought he reached into his waistband. Id. at p. 4. Harris perceived this movement as an additional threat to his safety and fired several shots again at Blair as he pursued him. Id. All told, Harris shot 16 rounds at Blair, five of which struck the decedent. [Internal Affairs Report, Dkt. # 9-5, p. 8.] Blair fell to the ground at the intersection of Hayes and Houston-Whittier.
Harris stated that when he reached Blair, he attempted to check his vitals when he heard additional gunshots and saw a silver four-door Chrysler sedan stopped in the middle of Hayes. Id. He saw a passenger of the vehicle standing near the door of the car and saw muzzle flashes. Realizing he had already emptied his entire magazine from his weapon, and fearing for his life, Harris fled through alley and yelled to a neighbor on the way to call 911. Id.
Four witnesses interviewed by the Detroit Police on the scene corroborated Harris's version of Blair being in possession of an object perceived as a weapon. All of these witnesses further stated that they saw an individual drive up in a silver vehicle and take an object from Blair's hand as he lay on the ground before Harris reached him. Several other witnesses stated that they heard two different weapons being discharged in the incident.
The police later arrested two other individuals (presumably individuals who were in the silver car observed Harris and the witnesses) who admitted being accomplices of Marquis Blair in the attempted theft of Harris's van. One of the arrestees admitted they fired at least one shot from a rifle at Harris as he stood over Blair at the intersection of Hayes and Houston-Whittier.
Marquis Blair was transported from the scene to St. John's Hospital in Detroit and was pronounced dead on arrival. Though the Wayne County Medical Examiner pronounced Blair's death as a homicide, no criminal charges were brought against Harris. The Prosecutor's Office determined that the homicide of Blair was committed in lawful self-defense and in the apprehension of a fleeing felon.
Rosalind Blair, personal representative of the estate of Marquis Blair, testified at the damages hearing. Ms. Blair is also Marquis Blair's mother. She, testified that, at the time of his death, Marquis was 16 years old and was going to be in the 10th grade when school started the next month. She further testified that Marquis resided with her his whole life (except for a few months when he was six years old when he lived with his grandmother), and the two of them had a close relationship.
According to Ms. Blair, Marquis also had a close relationship with his grandparents and his four siblings, three of whom were younger than Marquis. (Marquis's older brother was killed two months before Marquis.) Marquis especially liked being a "big brother" to his younger brother and sisters. Marquis did not really know his father. His mother testified that Marquis's father was in jail until Marquis was 7 or 8 years old and that thereafter Marquis only saw his father "now and then."
Ms. Blair testified that she was, and still is, the primary provider in the family. At the time of Marquis's death, she worked as a manager of a Burger King. (She has since moved to Muncie, Indiana and is working at a McDonald's.)
As to what her son did for enjoyment, Ms. Blair said that Marquis liked listening to music, liked telling jokes and liked "hanging out" with his family. He especially enjoyed family functions he would attend with his cousins. Ms. Blair testified that Marquis did not participate in any school sports and did not play sports with his friends for fun, either, adding, by way of explanation, that her son was big and strong but "clumsy."
Ms. Blair further testified that, as far as she knew, Marquis did not mess with drugs. However, prior to his death, he had been getting into some trouble outside of school and had been involved in several fights. He was arrested twice before the night of the shooting, for fighting, and was once convicted. But, Ms. Blair said she was never made aware that her son had gotten into stealing.
With regard to her son's death, Ms. Blair testified that she saw her son leave with his friend, Devon, and another boy early in the evening of August 4, 2007. She learned about his death at approximately 2:00 p.m. in the afternoon of the next day, August 5, when she got a telephone call from Devon, who was with Marquis on the night of the shooting. According to Ms. Blair, Devon actually had called her twice. The first time he called, he said that Marquis had been shot in the arm.
Ms. Blair testified that she had a funeral for her son but that she could not have the kind of funeral she wanted because she did not have enough money to do so having
In her Complaint, Plaintiff seeks an award of "punitive, exemplary or hedonic or any other damages available under Michigan law," plus "costs, interest and attorney fees." [See Complaint, Count I, prayer for relief, pp. 4-5] Plaintiff now asks the Court for an award of $1million. Defendant Harris, maintaining that, at the time of the shooting, he was acting in an authorized capacity to apprehend a criminal he observed breaking into a car, counters that the Court should consider an award of no more than $75,000.
As an initial matter, to the extent that Defendant suggested at the hearing held in this case that in awarding damages, the Court should take into consideration the fact that Marquis Blair was engaged in potentially criminal conduct and, as such, should be found to be contributorily or comparatively liable for any damages flowing from his death, it is well-settled that comparative negligence does not apply to damages for federal constitutional rights violations. See McHugh v. Olympia Entertainment, Inc., 37 Fed.Appx. 730 (6th Cir.2002); Quezada v. County of Bernalillo, 944 F.2d 710, 721 (10th Cir.1991); Clappier v. Flynn, 605 F.2d 519, 530 (10th Cir.1979). The McHugh court explained:
Id.
Accordingly, comparative negligence standards have no application in this case.
Plaintiff Rosalind Blair brings this one-count suit under 42 U.S.C. § 1983 in her capacity as personal representative of the estate of her deceased son. There is no provision in § 1983 addressing how to evaluate damages.
42 U.S.C. § 1988. It is undisputed that Michigan law would be applicable in this case and, therefore, the Court will apply Michigan's civil damages laws, to the extent they are not inconsistent with federal law.
Under Michigan's wrongful death statute,
M.C.L. § 600.2922(6).
As the Sixth Circuit observed in Frontier Ins. Co. v. Blaty 454 F.3d 590 (6th Cir.2006),
Id. at 603 (internal punctuation and citations omitted).
Michigan's wrongful death act provides for three categories of damages: (1) "reasonable medical, hospital, funeral, and burial expenses for which the estate is liable," (2) "reasonable compensation for the pain and suffering, while conscious, undergone by the deceased person during the period intervening between the time of the injury and death," and (3) "damages for the loss of financial support and the loss of the society and companionship of the deceased." M.C.L. § 600.2922(6). The first category embraces losses incurred by a decedent's estate; the third category embraces losses incurred by the decedent's survivors. Frontier Ins., supra (citing Brereton v. United States, 973 F.Supp. 752, 754 (E.D.Mich.1997)). The second category addresses the decedent's own losses, and the term "pain and suffering" covers hedonic injury. Frontier Ins., supra.
Plaintiff here testified that she incurred expenses for Marquis's funeral and his burial. Damages may be recovered by a decedent's estate for such expenses under the Michigan Wrongful Death Act, and as such, are also recoverable in this Section 1983 action. See Frontier Ins., supra; M.C.L. § 600.2922(6) (the court may award damages for "reasonable medical, hospital, funeral, and burial expenses for which the estate is liable.") Plaintiff, however, did not testify as to the amount she expended for funeral and burial expenses and did not provide the Court with any documentary evidence establishing these sums either at the hearing or in conjunction with her supplemental brief on damages. The only evidence as to funeral/burial expenses was Ms. Blair's testimony that she could not have a funeral for Marquis like she had wanted because she had just incurred the expense of her older son's funeral two months earlier. [See Hrg. Tr. pp. 19-20].
According to information compiled by the Funeral Information Society and efuneral.com, the average price of a complete funeral and burial in the Metropolitan Detroit area is $8,780.00. See http://connect. efuneral.com/sites/default/files/eFuneral% 20Price% 20Index% 20-% 20Detroit_0.pdf; see also http://www.funeralinformation society.org/html/pricesurveys/WayneCounty_PS.html. The Court finds this sum to be a reasonable amount. Therefore, it will award Plaintiff $8,780.00 for funeral and burial expenses.
With respect to the second category of damages recoverable under Michigan law, i.e., damages for pain and suffering, a decedent's estate may recover damages for a decedent's pain and suffering, but only if they were experienced by the decedent consciously "between the time of injury and death." M.C.L. § 600.2922(6); Frontier Ins., supra; Brereton, supra, 973 F.Supp. at 757 (Hedonic damages are recoverable only to the extent that the decedent experienced a loss of enjoyment of life before dying. Id.) Loss of the enjoyment that would have been experienced by the decedent but for his death is not compensable under the act. See id. ("To the extent that plaintiffs seek damages for [the decedent's] loss of enjoyment of life that would have been experienced but for his untimely demise, those damages are unavailable."); Kemp v. Pfizer, 947 F.Supp. 1139, 1146 (E.D.Mich.1996).
The Michigan statute also provides for awards of "damages for the loss of financial support and the loss of the society and companionship of the deceased." M.C.L. § 600.2922(6). As indicated above, these are damages under the Michigan wrongful death statute that compensate for losses incurred by a decedent's survivors, not for losses incurred by the decedent or the decedent's estate. Frontier Ins., supra, 454 F.3d at 594.
However, the Sixth Circuit has held that a Section 1983 action for deprivation of civil rights is an action personal to the injured party. Jaco v. Bloechle, 739 F.2d 239, 241 (6th Cir.1984). "By its own terminology, the statute grants the cause of action `to the party injured.' Accordingly, it is an action personal to the injured party." Id.
In Jaco, the court highlighted the significant difference between a section 1983 cause of action and state law wrongful death actions:
739 F.2d at 242-43.
Jaco remains the law of the circuit, and applying Jaco, courts in the Sixth Circuit consistently hold that a decedent's survivors may not recover for their own damages in a decedent's Section 1983 action.
The Sixth Circuit reiterated this principle in Claybrook v. Birchwell, 199 F.3d 350 (6th Cir. 2000), a case involving a complaint brought by the children of a man who was shot and killed by undercover police officers engaged in an anti-crime surveillance of a market that was a known "front" for an unlawful "numbers" gambling operation. In their complaint, the plaintiff-children alleged both a wrongful death claim under Tennessee law and a claim for damages under § 1983. The court explained that the two causes of action were distinct. Specifically, with respect to the Section 1983 claim, the court made clear that:
Id. at 357 (citations omitted; emphasis added).
Applying Jaco in Broadnax v. Webb, 892 F.Supp. 188 (E.D.Mich.1995), the court held that children of a parent who was in permanent vegetative state after she attempted to swallow a bag of cocaine during a police raid of her home could not recover damages for their loss of companionship of their mother in a § 1983 civil rights suit because "the alleged denial of rights under the Constitution . . . was suffered by the parent; any damage suffered by the parent's children was merely incidental." Id. The court reasoned, "[A] constitutional violation is something personal to the individual injured," and "a violation against one member of a family does not confer standing upon all other members of that particular family" to recover damages "[e]ven where such a claim for loss of companionship [is] limited to close family members like parents or children." Id. See also, Lee v. City of Norwalk, Ohio, 2012 WL 3778975 at *12 (N.D.Ohio Aug. 30, 2012) (a spouse cannot state a claim for loss of consortium under § 1983 because such claims are entirely personal to the direct victim of the constitutional tort), aff'd, 529 Fed.Appx. 778 (6th Cir.2013); Garrett v. Belmont County Sheriff's Department, 374 Fed.Appx. 612, 615 (6th Cir.2010) (damages for emotional distress, loss of a loved one or any other consequent collateral injuries will not lie under § 1983: "Those kinds of injuries are appropriately raised in a state tort law cause of action." Id.); Alexander v. Beale Street Blues Co., Inc., 108 F.Supp.2d 934, 953 (W.D.Tenn.1999) (a decedent's survivors may not recover for their own damages under § 1983); Wingrove v. Forshey, 230 F.Supp.2d 808, 824 (S.D.Ohio 2002) (applying Jaco and dismissing plaintiffs' § 1983 claims brought in
Ms. Blair's testimony in this case as to how she, her children and her parents missed Marquis, the emotional distress she has suffered as a result of his untimely demise, and the counseling she sought to cope with her feelings, support only the damages she, her other children, and Marquis's grandparents personally suffered as a result of the loss of companionship of Marquis Blair. The law is clear, however, that such damages are not to be allowed in this Section 1983 action.
Plaintiff also asks that the Court award punitive or exemplary damages. Whereas compensatory damages are intended to redress the concrete loss that the plaintiff has suffered by reason of the defendant's conduct, "punitive damages serve the a broader function; they are aimed at deterrence and retribution." Arnold v. Wilder, 657 F.3d 353, 369 (6th Cir.2011) (quoting State Farm Mut. Auto. Ins. Co. v. Campbell 538 U.S. 408, 416, 123 S.Ct. 1513, 155 L.Ed.2d 585 (2003) (internal punctuation omitted).) A plaintiff who proves a cause of action under § 1983 may recover punitive damages where the plaintiff is entitled to an award of compensatory damages, even if nominal, where the "defendant's conduct is shown to be motivated by evil motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others."
In Murphy v. Gilman, 551 F.Supp.2d 677 (W.D.Mich.2008), the court synthesized the law regarding punitive damages in Section 1983 actions brought in the wrongful death context:
Gordon states that the rule for awarding punitive damages is "when the defendant willfully and intentionally violates another's civil rights or when the defendant acts with reckless or callous indifference to the federally protected rights of others." Id. (citing Smith v. Wade, supra). Gordon adds that it is within the discretion of the fact-finder to evaluate "the nature of the conduct in question, the wisdom of some form of pecuniary punishment, and the advisability of a deterrent." Id. Michigan case law similarly reflects the availability of punitive damages under § 1983 claims. See Janda v. City of Detroit, 175 Mich.App. 120, 129, 437 N.W.2d 326, 331 (1989) ("[P]unitive damages may be awarded under 42 U.S.C. § 1983 even where they would not normally be recoverable under the local law in the state where the violation occurred.")
Here, however, we have no evidence of record that would support a finding that Harris was motivated by an evil motive or that he willfully or intentionally violated Marquis Blair's civil rights or acted with reckless or callous indifference of those rights. The only damages evidence presented by Plaintiff was evidence of companionship damages. No cognizable evidence was presented on the shooting incident itself which is what would be required to support a finding of intentional deprivation of rights. See Gordon v. Norman, supra ("The allowance of [punitive] damages involves an evaluation of the nature of the conduct in question, the wisdom of some form of pecuniary punishment, and the advisability of a deterrent." 788 F.2d at 1199 (emphasis added)). Defendant Harris did not testify. All the Court has are hearsay police reports of supposed witnesses to the shooting—and most of these statements would support the Defendant, at that. Thus, there is no evidence that would support a punitive damages award in this case.
In its Order for Supplemental Briefing [Dkt. # 48] the Court ordered Plaintiff's counsel to provide it with "verified documented evidence of attorneys' fees and costs sought, if any, as well as evidence of any contingent fee agreements with Plaintiff for the payment of fees and costs." Id. In response to the Court's order, along with her "Brief on the Issue of Damages," the Court was provided with a copy of a contingent fee agreement executed by Plaintiff which calls for a payment of 1/3 of the net of any recovery as attorney fees, plus the payment costs of "court filing fees, subpoena fees, fees for private investigators, accountants or other professionals, expert witness fees, court reporter transcripts, telephone charges, travel expenses for attorneys or investigators, copying charges and any other disbursements which the Firm deems necessary for
Notwithstanding that Plaintiff agreed to pay, and her attorneys agreed to accept, 1/3 of Plaintiff's net recovery as attorney fees, at page 5 of Plaintiff's Brief, Plaintiff's counsel argues that the contingent fee agreement does not place a ceiling upon the fees recoverable by Plaintiff, as a prevailing party in this civil rights action, and cites Blanchard v. Bergeron, 489 U.S. 87, 109 S.Ct. 939, 103 L.Ed.2d 67 (1989), as authority for this proposition.
While it is true that pursuant to Blanchard, a contingent fee agreement does not place a "cap" on attorneys' fees awardable pursuant to 42 U.S.C. § 1988, Blanchard also makes clear that the Court is not obligated to award the amount agreed upon by the parties if it finds that amount to be unreasonable.
Section 1988 states:
42 U.S.C. § 1988.
Guided by the plain language of the statute and its legislative history, the Court in Blanchard determined that
489 U.S. at 92, 109 S.Ct. at 943-44, (quoting Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 718 (5th Cir. 1974) (internal citation and punctuation omitted)).
Thus, while "the presence of a pre-existing fee agreement may aid in determining reasonableness," 489 U.S. at 93, 109 S.Ct. at 944, it is not determinative.
The Court explained:
489 U.S. at 93-94, 109 S.Ct. at 944-45.
The Blanchard Court, therefore, instructed that lower courts are to adhere to the standards set forth in Hensley v. Eckerhart, 461 U.S. 424, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983).
Hensley directed lower courts to make an initial estimate of reasonable attorney's fees by applying prevailing billing rates to the hours reasonably expended on successful claims. See also Blum v. Stenson, 465 U.S. 886, 888, 104 S.Ct. 1541, 1544, 79 L.Ed.2d 891 (1984) (the initial estimate of a reasonable attorney's fee is properly calculated by multiplying the number of hours reasonably expended on the litigation times a reasonable hourly rate). After the court makes this lodestar calculation it may adjust the calculation by other factors, including consideration of any fee agreement. Blanchard, 489 U.S. at 94, 109 S.Ct. at 495.
For the reasons discussed below, the Court finds that 1/3 of the damage award agreed to by the parties for Plaintiff's attorney's fees is reasonable.
First, to the extent that Plaintiff's counsel seeks fees in excess of the 1/3 contingency fee agreement, the Court points out that although he was ordered to do so, Plaintiff's counsel, here has provided no evidence whatsoever of the fees Plaintiff "actually incurred" for his services in prosecuting the claim against Defendant Harris. "The party seeking attorney fees bears the burden of proof on the number of hours expended and rates claimed." Granzeier v. Middleton, 173 F.3d 568, 577 (6th Cir.1999). See also, Hensley, supra ("Where the documentation of hours is inadequate, the district court may reduce the award accordingly." 461 U.S. at 433, 103 S.Ct. 1933).
According to the State Bar of Michigan 2010 Economics of Law Practice Summary Report, the average hourly rate of a senior associate is $222, the average hourly rate of an attorney with 26 to 30 years of experience is $248, and the average hourly rate for a civil rights attorney is $255. See Mitchell v. City of Warren, 2012 WL 5334133 (E.D. Mich. Oct. 26, 2012) (quoting report). See also, Auto Alliance Int'l v. U.S. Customs Serv., 155 Fed.Appx. 226, 228 (6th Cir.2005) (finding that "[t]he district court's $200 flat rate is well within the market rate for the Eastern District of Michigan" in a Freedom of Information Act case); Lamar Advertising Co. v. Charter Tp. of Van Buren, 178 Fed.Appx. 498, 501-02 (6th Cir.2006) (approving $200 hourly rate in a 42 U.S.C. § 1983 case involving Detroit area counsel). Courts in the Eastern District of Michigan, thus, have routinely found hourly rates of $135 to $250 in Section 1983 cases to be reasonable. See e.g., Ash v. Bezotte, 2013 WL
The skill required by Plaintiff's counsel in prosecuting the claim against Defendant Harris was minimal: it only required the preparation and filing of a two-count Complaint, the preparation and filing of a Request for Clerk's Entry of Default and a Motion for Default Judgment, and the preparation for and attendance at a damages hearing, and the filing of a brief on damages and fees. Under these circumstances, the Court finds that an hourly rate of $190 per hour for legal representation would be reasonable.
Next, the Court notes that Plaintiff did not prevail on every claim presented in this action, and indeed, failed to prevail on the only claims that were substantively litigated—i.e., those claims decided on summary judgment in favor of Defendant Wayne County. Although it appears that Plaintiff seeks to recover all fees and costs irrespective of whether the time and/or funds expended were necessary to succeed against Defendant Harris, only the time expended in prosecuting the case against Harris will be compensated. See Fox v. Vice, ___ U.S. ___, 131 S.Ct. 2205, 2214, 180 L.Ed.2d 45 (2011) ("The fee award, of course, should not reimburse the plaintiff for work performed on claims that bore no relation to the grant of relief: Such work cannot be deemed to have been expended in pursuit of the ultimate result achieved.")
Here, the only claim on which Plaintiff "prevailed"—i.e., the Section 1983 claim on which she prevailed by way of default as a result of the failure of Defendant Gregory Harris to respond to her Complaint—entailed minimal work on her attorney's part. Besides drafting, filing and serving the Complaint, Plaintiff's counsel only appeared at one hearing on the entry of a default judgment of liability (which was filed only after the Court entered a Show Cause Order directing Plaintiff to show cause why her claim against Defendant Harris should not be dismissed for failure to prosecute), one hearing on damages, and filed only one 6-page brief when ordered by the Court to do so. The Court finds that the totality of this work reasonably would have taken no more than 15 hours. Fifteen hours at $190 per hour is $2,850, which is approximately equivalent to 1/3 of the damages award as agreed to by the parties. Therefore, the Court is satisfied as to the reasonableness of the parties' contingent fee agreement.
Plaintiff also submitted a copy of a "Statement" of the account of Rosiland Blair which purports to document $7,568.92 owing to the Fieger law firm for costs and expenses. This "statement," however, also does not comply with the Court's Order: It is not verified, nor does it itemize the costs and expenses other than generically (e.g., "document reproduction," "letter," "telephone," "postage") and by date. There is no explanation as to what document(s) was/were reproduced; to whom such letters were written, to whom such phone calls were made, or the like. Without such information, the Court cannot determine whether the expenses billed to Ms. Blair are properly recoverable as costs in this action against Defendant Harris. Indeed, as noted above in this Opinion, there are items on this "Statement" which appear to belong to some other case, apparently filed in the Wayne County Circuit Court. See e.g., 2/4/2010 entry for $16.00 for "Mileage— Wayne County Circuit Court Amended Witness List" and $8.00 "Parking"; and 3/4/2010 entry for $3.15 "Document Reproduction-Complaint."
Furthermore, as with fees, Plaintiff has made no attempt to segregate the costs incurred in prosecuting Plaintiff's claim against this one Defendant who is the only party against whom Plaintiff has prevailed. Certainly, the preparation, filing and service of the Complaint, the motions for default and default judgment, and the brief on damages would be proper recoverable costs and these costs and expenses will be allowed.
Under the totality of circumstances, the Court finds that an award of $ 500.00 for fees and costs would be reasonable.
In sum, for the reasons set forth in this Opinion,
IT IS HEREBY ORDERED that Plaintiff is awarded damages in the amount of $8,780.00, plus costs in the amount of $500.00.
Twenty years later, the Supreme Court again granted certiorari in a § 1983 suit where the decedent's death allegedly "resulted from a deprivation of federal civil rights" by Alabama officials. In that case, the Court intended to consider whether Alabama's wrongful death act determined the types of damages recoverable under the § 1983 claim brought by the representative of the decedent's estate. See Jefferson v. City of Tarrant, 520 U.S. 1154, 117 S.Ct. 1333, 137 L.Ed.2d 493 (1997). Subsequently, however, the Court dismissed the writ of certiorari as improvidently granted, finding that the state court decision on appeal was not a final judgment. See 522 U.S. 75, 118 S.Ct. 481, 139 L.Ed.2d 433 (1997).
454 F.3d at 600-01 (citations and some internal punctuation omitted).
Further, the Supreme Court has ruled that the deterrence aspect of section 1983 also operates through compensation of actual damages suffered by the victim. See Carey v. Piphus, 435 U.S. 247, 256-57, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978) ("To the extent that Congress intended that awards under § 1983 should deter the deprivation of constitutional rights, there is no evidence that it meant to establish a deterrent more formidable than that inherent in the award of compensatory damages."); Memphis Community School Dist. v. Stachura, 477 U.S. 299, 307, 106 S.Ct. 2537, 2543, 91 L.Ed.2d 249 (1986) ("[D]eterrence is also an important purpose of this system, but it operates through the mechanism of damages that are compensatory." (emphasis in original)).