QUESTION: CAN I SUE SOMEONE IN BOTH INDIVIDUAL CAPACITY AND OFFICIAL CAPACITY?
ANSWER = YES Yes [indeed], you can [simultaneously] sue a public official in his/her "Individual Capacity" AND his/her "Official Capacity"
| Who: | You vs a Public Official (ie, a judge; a commissioner; a clerk; etc.) |
| What: | a lawsuit |
| Where: | a judicial court |
| When: | within your statute of limitations |
| How: | Statutes: 42 USC §1983 (ie, the Ku Klux Klan Act of 1871) |
| Why: | Combat lawlessness – to help form a more perfect union, and improve the general welfare |
I. Definitions
II. Legal Citations
III. Legal Application
Why Invoke an 'Individual Capacity' Claim?
“Because the complaint targets Clemons not as a proxy for the sovereign, but for personal conduct that will not be repeated by his successor-in-office, the suit involves only an individual capacity claim — and it is for that reason that Clemons may not invoke sovereign immunity."The Official Broke the Law:
"... Besides, neither a State nor an individual can confer upon an agent authority to commit a tort so as to excuse the perpetrator. In such cases, the law of agency has no application -- the wrongdoer is treated as a principal and individually liable for the damages inflicted and subject to injunction against the commission of acts causing irreparable injury."
Why Invoke an 'Official Capacity' Claim?
“an official capacity suit targets not the personal behavior of an official like Clemons, but his enforcement of, or action carrying out, a government policy. And the result of such a suit, if successful, is that both the current officeholder and any future officeholder will be barred from carrying out whatever policy is at issue."The Unconstitutional Conduct Stems from a Policy/Rule/Custom:
“We conclude, therefore, that a local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents. Instead, it is when execution of a government's policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury that the government as an entity is responsible under § 1983."
IV. Additional Resources
V. Bibliography
- Alden v. Maine, 527 U.S. 706, 756 (1999)
- Attwood v Clemons, 818 F. App'x 863 (11th Cir. 2020)
- Batista v Rodriguez, 702 F. 2d 393 (1983)
- Brandon v Allen, 719 F.2d 151
- Brandon v. Holt, 469 U.S. 464 (1985)
- Carey v Piphus, 435 US 247
- Ernst v. Rising, 427 F.3d 351, 358 (6th Cir. 2006)
- Ex Parte Young, 209 US 123 (1908)
- Hafer v. Melo, 502 U.S. 21, 25-26, 31 (1991)
- Horne v. SSA, 359 Fed. App'x 138 (11th Cir. 2010)
- Hutto v Finney, 437 US 678
- Kentucky v. Graham, 473 U.S. 159, 165 (1985)
- Monell v New York City Dept. of Social Services, 436 US 658
- Newport v Fact Concerts, 453 US 247 (1981)
- Owen v City of Independence, 445 US 622 (1980)
- Parker v. Williams, 862 F.2d at 1479
- Redondo-Borges v HUD, 421 F.3d (1st Cir. 2005)
- Wilcox v. Tennessee District Attorneys General Conference, 2008 WL 4510031 (USTNED 9/30/08)
- Will v. Michigan Dep't of State Police, 491 U.S. 58 (1989)
...POINTS & THINGS...
Good News = You Can
As always, please get the justice you deserve.
Sincerely,
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