Whether §1988 requires the survival of §1983 claims to be determined using the state-law survival rule for the most closely analogous state cause of action, or whether all §1983 claims must be evaluated under the general state-law survival rule for personal-injury claims

QUESTIONS PRESENTED Federal civil rights actions under 42 U.S.C. §1983 are to be administered in accordance with federal law. 42 U.S.C. §1988(a). If federal law is silent on an issue, §1988 directs that “the common law, as modified and changed by the constitution and statutes of the [forum] State” shall “govern.” Ibid. Section 1988 authorizes a departure from state law only if it is “inconsistent” with the Constitution and laws of the United States. Ibid. The questions presented are: 1. Whether §1988 requires the survival of §1983 claims to be determined using the state-law survival rule for the most closely analogous state cause of action, or whether all §1983 claims must be evaluated under the general state-law survival rule for personal-injury claims, without regard to the nature of the § 1983 claims. 2. Whether the court of appeals erred in holding that, by 1975, clearly established law extended the disclosure obligations created by Brady v. Maryland, 373 U.S. 83 (1963), from prosecutors to police officers. (i)