Owsley v. Gorbett, No. 19-1825 (7th Cir. 2020)
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Bartholomew County, Indiana officials believe that Cary committed suicide. His son, Logan, believes that Cary was murdered by his wife and her sons. Contending that the Sheriff and his deputies have lost or destroyed evidence that would help Cary’s estate pursue claims against the putative murderers, Logan filed a civil-rights suit, 42 U.S.C. 1983, 1985, and 1986. Logan purported to represent his father’s estate, but except for a brief time he has not been its administrator. The estate would not pursue litigation, but assigned Logan “[w]hatever interest the Estate of Cary A. Owsley has in the federal lawsuit.” The district court dismissed Logan’s suit for lack of standing, stating that Logan has not suffered any personal injury.
The Seventh Circuit vacated. Logan asserts injury and seeks damages. Decedents’ relatives may have damages claims against tortfeasors. Logan also has the benefit of the assignment from the estate. Federal law permits assignees to sue on assignors’ claims. The district judge’s belief that the claim is not worth anything concerns the merits rather than subject-matter jurisdiction. The first issue on remand should be to decide whether an access-to-courts claim, the only thing covered by the assignment, can be based on an assertion that the defendants concealed or destroyed evidence that could have been relevant in state court.
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