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Complaint Need Not List Capacity Defendants Sued In

Loaded on May 15, 1996 published in Prison Legal News May, 1996, page 17
Filed under: Medical, Medication, Complaints, Eleventh Amendment Immunity, Failure to Treat (Mental Illness). Location: North Carolina.
The court of appeals for the fourth circuit has held that plaintiffs suing under 42 U.S.C. § 1983 need not specifically plead in their complaint that the state officials are being sued in the individual rather than their official capacities. Instead, courts must look to the substance of the complaint, ...

 

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