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Information for "Section 1983 Litigation/Capacity of Claim: Individual Versus Official Capacity"
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| Display title | Section 1983 Litigation/Capacity of Claim: Individual Versus Official Capacity |
| Default sort key | Section 1983 Litigation/Capacity of Claim: Individual Versus Official Capacity |
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| Page creator | Lost Student (talk | contribs) |
| Date of page creation | 02:20, June 25, 2020 |
| Latest editor | Lost Student (talk | contribs) |
| Date of latest edit | 02:20, June 25, 2020 |
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This attribute controls the content of the description and og:description elements. | A claim against a state or municipal official in her official capacity is treated as a claim against the entity itself.[1] In Kentucky v. Graham,[2] the Supreme Court stated that an official capacity claim is simply “‘another way of pleading an action against an entity of which an officer is an agent.’ As long as the government entity receives notice and an opportunity to respond, an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity.”[3] Therefore, when a § 1983 complaint asserts a claim against a municipal entity and municipal official in her official capacity, federal district courts routinely dismiss the official capacity claim as duplicative or redundant.[4] By contrast, a personal-capacity (or individual-capacity) claim seeks monetary recovery payable out of the responsible official’s personal finances,[5] and thus is not redundant or duplicative of a claim against a governmental entity.[6] |
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