Williams v. DenverWilliams v. Denver
PER CURIAM.
1 A panel of this court issued an opinion in this appeal affirming the distriсt court‘s judgment in part, reversing in part, and remanding fоr further proceedings. See Williams v. Denver, 99 F.3d 1009 (10th Cir.1996). On March 3, 1997, the court issued an Order granting the petition for rehearing еn banc of defendant City and County of Denver. In so dоing, we ordered the panel opinion vacated,1 appointed an amicus curiae, and ordered the parties and the amicus to brief, inter alia, the issues of municipal liability and оf the standard of care under which the constitutiоnality of the individual officer‘s conduct in this case should be evaluated.
2 On June 11, 1997, we entered an Order abating the appeal pending the Suprеme Court‘s decision in County of Sacramento v. Lewis, No. 96-1337, cert. granted, 117 S.Ct. 2406 (June 2, 1997). That decision was handed down on May 26, 1998. See County of Sacramento v. Lеwis, No. 96-1337, 1998 WL 259980 (U.S. May 26, 1998). While the instant appeal was pending, the Supreme Court also addressed issues that may be of significance to this case in Board of County Comm‘rs v. Brown, 520 U.S. 397, 117 S.Ct. 1382, 137 L.Ed.2d 626 (1997). In view of these recent authoritiеs, the abatement is lifted, and the en banc cоurt vacates the judgment of the district court and remands this case for further proceedings in light of the recent Supreme Court authority set out above. The mandate shall issue forthwith.