One of my defendants in my civil rights action was shot and killed after I had filed my complaint in the United States District Court Central District Of California. The counsel has moved to dismiss case against that particular denfendant due to him being dead. Should I move the court to substitute the estate, the widow, the Redlands Sheriff Department where he had been employed as according to FRCP 25? Which one? And how do I find out if he had an estate?
Answer
What you should do? Seriously you have active litigation and are either an attorney (go get co-counsel) or acting as one on your own behalf (hire a lawyer).
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