Fed. R. Civ. P. 9(a)(1)(A) – Paul Mollica's Federal Courts Blog

En Banc Eighth Circuit Realigns Itself with Other Courts of Appeals, Overrules “Clear Statement” Pleading Rule for Official Capacity § 1983 Complaints

The en banc Eighth Circuit in S.A.A. v. Geisler, No. 23-3119 (8th Cir. Feb. 7, 2025), holds (9-2) that a plaintiff need not expressly allege in a 42 U.S.C. § 1983 complaint whether they are suing a named defendant in their individual capacity (the “clear statement rule”). The circuit adopts the “course of proceedings test”Continue reading “En Banc Eighth Circuit Realigns Itself with Other Courts of Appeals, Overrules “Clear Statement” Pleading Rule for Official Capacity § 1983 Complaints”