Police killed 2 dogs when searching her house and beat up an old man.  5th Circuit (trial court) said they have always done heightened pleading so they won’t change it (said it doesn’t violate Rule 8(a).  5th Circuit dismissed it because they didn’t allege facts that supported a policy or custom for which the municipality would be held liable.  Supreme Court says that the Rules list under 9(b) some types of actions that require heightened pleading (essentially excluding other types), and municipalities were left out, so obviously legislature didn’t want it included.  Leatherman overturned Palmer, but not specifically Elliot.