context: We have held that an "estate bringing a decedent's SS 1983 claims may seek damages allowable under a state wrongful death statute." Indiana permits recovery for damages caused by an individual's wrongful acts or omissions that led to the decedent's death, including "[reasonable medical expenses, hospital, funeral, and burial expenses.... " Ind.Code SS 34-23-l-2(c). Thus, if the defendants' acts were found to be excessive, the Estate would have been allowed to present evidence of Escobedo's death to demonstrate the full scope of the injuries he sustained and to advance its theory that the defendant commanders proximately caused those injuries.
citation_a.signal: see also
citation_a.identifier: 309 F.3d 1041, 1044
citation_a.parenthetical: "[T]he ordinary rules of tort causation apply to constitutional tort suits."
citation_a.sentence: See Guzman v. City of Chi, 689 F.3d 740, 745-46 (7th Cir.2012) (“[Liability must be resolved before the question of damages is reached.”); see also Herzog v. Vill. of Winnetka, 309 F.3d 1041, 1044 (7th Cir.2002) (“[T]he ordinary rules of tort causation apply to constitutional tort suits.”); Henderson v. Sheahan, 196 F.3d 839, 848 (7th Cir.1999) (“[A] plaintiff must demonstrate both that he has suffered an ‘actual’ present injury and that there is a causal connection between that injury and the deprivation of a constitutionally protected right caused by a defendant.”).
citation_b.signal: see
citation_b.identifier: 689 F.3d 740, 745-46
citation_b.parenthetical: "[Liability must be resolved before the question of damages is reached."
citation_b.sentence: See Guzman v. City of Chi, 689 F.3d 740, 745-46 (7th Cir.2012) (“[Liability must be resolved before the question of damages is reached.”); see also Herzog v. Vill. of Winnetka, 309 F.3d 1041, 1044 (7th Cir.2002) (“[T]he ordinary rules of tort causation apply to constitutional tort suits.”); Henderson v. Sheahan, 196 F.3d 839, 848 (7th Cir.1999) (“[A] plaintiff must demonstrate both that he has suffered an ‘actual’ present injury and that there is a causal connection between that injury and the deprivation of a constitutionally protected right caused by a defendant.”).