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5.2.1.5 Official Capacity versus Individual Capacity

Chapter 5.2.1.5
Effective January 1, 2019

Plaintiffs can bring Section 1983 actions against defendants in their official capacity or in their individual capacity. Defendants sued in their official capacity will generally be immune from suits for monetary damages under the Eleventh Amendment to the United States Constitution, but that immunity will not necessarily bar a suit seeking injunctive or declaratory relief. The Eleventh Amendment will not bar a Section 1983 suit for monetary damages against an official acting in his or her individual capacity, but officials may be able to raise qualified immunity defenses in those cases. Qualified immunity bars recovery from officials to the extent that their conduct did not violate clearly established rights of which a reasonable person would have been aware. Immunity issues are discussed in detail in section 5.3.

Rule Comment Period is Open

At its 2026 Annual Business Meeting, the Commission will consider amendments to rules, by-laws as well as use of a Violation Response Tool to support consistent, fair, and data-informed retaking decisions.