An official-capacity lawsuit involves suing a state or local government, with the lawsuit technically directed at one or more individual state employees. However, the true party being sued is the government entity itself. This is distinct from a personal-capacity lawsuit, which aims to hold a government officer personally liable. Additional types of lawsuits include class actions, derivative suits, and frivolous suits.
An official-capacity suit is a type of lawsuit that targets individual state employees, but the true defendant is the state or a local government. In other words, the lawsuit is actually directed at the government, but it is initiated against individual employees who are acting on behalf of the government. For instance, if someone wishes to sue a state government for violating their civil rights, they may file an official-capacity suit against a state employee who played a role in the violation. However, the lawsuit is essentially against the state government, and any awarded damages would be paid by the government. Official-capacity suits differ from personal-capacity suits, which aim to hold a government officer personally liable. An example of an official-capacity suit is a lawsuit filed against a police officer for using excessive force during an arrest. Although the officer may be named as a defendant, the true defendant is the police department or the city government. Another example is a lawsuit filed against a state agency for failing to provide adequate services to individuals with disabilities. While individual employees of the agency may be named as defendants, the state government is the true defendant.
An official-capacity suit is a legal action brought against a government official or entity in their official capacity, seeking to hold them responsible for actions taken in their official capacity.
Government officials, such as mayors, governors, or agency heads, can be sued in their official capacity. Additionally, government entities, such as municipalities or federal agencies, can also be sued in official-capacity suits.
The purpose of filing an official-capacity suit is to seek legal remedies or damages from a government official or entity for actions taken in their official capacity that have caused harm or violated legal rights.
In an official-capacity suit, the government entity or official is being sued as a representative of the government, and any damages awarded are paid by the government. In a personal-capacity suit, the individual is being sued personally, and any damages awarded are paid by the individual.
Various claims can be brought in an official-capacity suit, including constitutional violations, civil rights violations, employment discrimination, or violations of statutory rights.
Yes, an official-capacity suit can result in monetary damages if the court determines that the government official or entity is liable for the harm caused.
Yes, an official-capacity suit can result in injunctive relief, which is a court order requiring the government official or entity to stop or change certain actions or policies.
Yes, an official-capacity suit can be brought against a federal government official, such as a member of Congress or a federal agency head, if their actions in their official capacity have caused harm or violated legal rights.
Yes, an official-capacity suit can be brought against a state government official, such as a governor or a state agency head, if their actions in their official capacity have caused harm or violated legal rights.
Yes, an official-capacity suit can be brought against a local government official, such as a mayor or a city council member, if their actions in their official capacity have caused harm or violated legal rights.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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