×
You've used up your 3 free articles for this month. Subscribe today.
Individual Capacity Claims Can Be Inferred From Complaint
Whether a plaintiff sued defendants in their individual or official
capacities is determined by a "course of proceedings" test. The court
disingenuously denies that it has applied a rigid rule that capacity must
be spelled out explicitly or it will be assumed that official capacity is
meant (leading to Eleventh …
capacities is determined by a "course of proceedings" test. The court
disingenuously denies that it has applied a rigid rule that capacity must
be spelled out explicitly or it will be assumed that official capacity is
meant (leading to Eleventh …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login