1 Analyses of this case by attorneys

  1. On official capacity defendants

    Elliot, Lawson & MinorSteve MinorAugust 22, 2007

    A few years ago, I filed a motion to dismiss a woman who had been sued only in her official capacity, with this argument:A suit against a government official in her official capacity is, in effect, a suit against the government entity. See McMillian v. Monroe County, Ala., 520 U.S. 781, 785 n.2 (1997); Kentucky v. Graham, 473 U.S. 159, 165-66 (1985). Joining both the Board members in their official capacity and Board itself is unnecessary and redundant.