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.
Filed August 7, 2009
Opinion by Judge Stewart