United States Fifth Circuit

In a 42 U.S.C. section 1983 action alleging excessive force by police, summary judgment for defendants is affirmed in part where plaintiff failed to produce evidence demonstrating that defendant-city's training policy procedures were inadequate. The ruling reversed in part where plaintiff's error of naming defendant-officer in his individual capacity was an actual mistake, and plaintiff, by attempting to amend the complaint, was not merely attempting a strategic change.

Appellate Information

• Decided 08/07/2009
• Published 08/10/2009

Judges

• CARL E. STEWART, Circuit Judge:, Before KING, STEWART, and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel