The 8th Circuit Court has abandoned the ‘clear statement rule’ requirement for civil rights claims, aligning with other circuits by adopting the course of proceedings test. This test determines the capacity in which a defendant is sued under § 1983. Judge Raymond Gruender, commenting on an excessive force case against a police officer, noted the change was made to faithfully adhere to Supreme Court precedent as well as the Federal Rules of Civil Procedure.
This modification signifies a shift in legal interpretation impacting how civil rights claims are processed, potentially affecting the landscape of § 1983 litigation. For further details about the court’s decision, you can read the article here.