Tossing its “clear statement rule” requirement that a civil suit must specify an official’s capacity, the U.S. Court of Appeals for the Eighth Circuit joined its sister courts in adopting the “course of proceedings” test instead.
In a Friday decision, a divided en banc panel for the Eighth Circuit reversed its three-judge panel’s decision affirming summary judgment to police officer Samantha Geisler. The plaintiff, S.A.A., accused Geisler of violating the Fourth Amendment by using excessive force when arresting her. The plaintiff argued that the court’s summary judgment decision in favor of Geisler should be reversed, as the decision was based on the “clear statement rule,” which requires the plaintiff to state clearly in what capacity they are suing an official.
