John W. Dugan v. Richard L. Brooks, Individually and in His Official Capacity as a Cleveland State University Law Enforcement Officer

BAILEY BROWN, Senior Circuit Judge.

This appeal raises the question whether plaintiff-appellant, Dugan, stated a claim for relief under 42 U.S.C. § 1983 against defendant-appellee, Brooks, a Cleveland State University (Cleveland State) police officer. The district court held that he did not and therefore granted Brooks’ motion to dismiss under Fed.R.Civ.P. 12(b)(6). We conclude that Dugan’s complaint did state a claim for relief and consequently we vacate the judgment of the district court and remand for further proceedings.

I

The complaint alleges that on the evening of October 23,1981, Dugan…