is a split among the federal circuit courts as to whether the immediate family members of a person killed by unconstitutional government action can recover for their own injuries, those courts that do not allow such recovery are nonetheless uniform in their recognition that family members may nonetheless have standing under state wrongful-death statutes to recover for their own injuries, including loss-of-consortium type injuries if such are permitted by state law. See, e.g., Andrews v. Neer, 253 F.3d 1052, 1064 (8th Cir.2001) (denying victim's widow recovery for her own injuries under § 1983, noting that the widow had not pursued her own separate wrongful-death claim under which such damages might have been recoverable); Berry v. City of Muskogee, 900 F.2d 1489, 1507 (10th Cir.1990) (<HOLDING>). 5 . Thus, the holding in Alexander was not
holding that wrongfuldeathtype damages such as loss of consortium were not authorized under  1983 and 1988 but noting that wrongful death claims were not foreclosed by  1983 claims but remainfed as pendent state claims holding that claims under 42 usc  1983 are not personal injury tort claims holding that the adea itself did not provide for the recovery of damages under theories of wrongful death or loss of consortium but that the adea did not preempt state wrongfuldeath or lossofconsortium claims recognizing loss of consortium claims holding the state law claims were not preempted