“Faithfully applying Supreme Court precedent and the Federal Rules of Civil Procedure, we join our sister circuits in rejecting the clear statement rule in favor of the course of proceedings test for determining the capacity in which a § 1983 defendant is sued,” Judge Raymond Gruender said in an excessive force case against a police officer.
“Faithfully applying Supreme Court precedent and the Federal Rules of Civil Procedure, we join our sister circuits in rejecting the clear statement rule in favor of the course of proceedings test for determining the capacity in which a § 1983 defendant is sued,” Judge Raymond Gruender said in an excessive force case against a police officer.
