Stephens v. Jessup, No. 17-2101 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit reversed the district court's grant of summary judgment in favor of defendant, a police officer, in a 42 U.S.C. 1983 action. The court held that the district court erred in granting summary judgment on the ground that plaintiff brought his claims against the officer in his official capacity only. In this case, the officer acquiesced in an unexpressed motion to amend the complaint to include individual-capacity claims against him, that a formal motion to so amend the complaint was not necessary, and that the complaint was correspondingly amended.
Court Description: Per Curiam. Before Wollman, Colloton, and Benton, Circuit Judges] Civil Case - civil rights. For previous opinion, see Stephens v. Jessup, 793 F.3d 941 (8th Cir. 2015. District court erred in granting summary judgment on the basis that the claims raised against Leslie Jessup were in his official capacity only. Prior to remand, complaint alleged claims in Jessup's individual capacity and this court's prior opinion did not question that Jessup was sued in his individual capacity. On remand, a formal motion to amend was not necessary. Summary judgment is reversed and case is remanded. [ March 09, 2018
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