Colleen K. Williams, Individually and As Personalrepresentative of the Estate of Randy M. Bartel,plaintiff--appellant, v. Denver, City and County Of; Michael W. Farr, Individuallyand in His Capacity As an Officer of the Denver Policedepartment; Aristedes Zavaras, Individually and in Hisofficial Capacity As Chief, Denver Police Department; Manuelmartinez, Individually and in His Official Capacity Asmanager of Safety for the City and County of Denver; Rogercisneros; Edward Sullivan; Leslie Franklin; Jane Woodhouse;deborah Wagner, Individually and in Their Officialcapacities As Members of the Civil Service Division, Cityand County of Denver, Defendants--appellees, 153 F.3d 730 (10th Cir. 1998)

A panel of this court issued an opinion in this appeal affirming the district court's judgment in part, reversing in part, and remanding for further proceedings. See Williams v. Denver, 99 F.3d 1009 (10th Cir. 1996). On March 3, 1997, the court issued an Order granting the petition for rehearing en banc of defendant City and County of Denver. In so doing, we ordered the panel opinion vacated,¹  appointed an amicus curiae, and ordered the parties and the amicus to brief, inter alia, the issues of municipal liability and of the standard of care under which the constitutionality of the individual officer's conduct in this case should be evaluated.

On June 11, 1997, we entered an Order abating the appeal pending the Supreme Court's decision in County of Sacramento v. Lewis, No. 96-1337, cert. granted, 117 S. Ct. 2406 (June 2, 1997). That decision was handed down on May 26, 1998. See County of Sacramento v. Lewis, No. 96-1337, 1998 WL 259980 (U.S. May 26, 1998). While the instant appeal was pending, the Supreme Court also addressed issues that may be of significance to this case in Board of County Comm'rs v. Brown, 520 U.S. 397, 117 S. Ct. 1382, 137 L. Ed. 2d 626 (1997). In view of these recent authorities, the abatement is lifted, and the en banc court vacates the judgment of the district court and remands this case for further proceedings in light of the recent Supreme Court authority set out above. The mandate shall issue forthwith.