Can a survivor of an incident where an officer used excessive force against an unarmed man claim a Fourth Amendment Claim?

"Fourth Amendment rights are personal rights which like other constitutional rights, may not be vicariously asserted." Rakas v. Illinois, 439 U.S. 128, 133-134 (1978). In section 1983 actions, however, the survivors of an individual killed as a result of an officer's excessive use of force may assert a Fourth Amendment Claim on that individual's behalf if the relevant state's law authorizes a survival action. See Moreland v. Las Vegas Metro. Police Dep't., 159 F.3d 365, 369 (9th Cir.1998). Similarly, claims for Battery and Negligence under California law are personal claims belonging to the person suffering the battery or negligent acts. See Ruiz v. Podolsky, 114 Cal.Rptr.3d 263 (2010) ("A decedent's personal injury action does indeed survive the decedent's death and may be brought by his or her estate").