Official Capacity Suit

What It Is

An official capacity suit treats the named officer as a stand-in for the government entity they represent. You’re not really suing Officer Smith — you’re suing the police department through Officer Smith.

Kentucky v. Graham, 473 U.S. 159 (1985): “Official capacity suits generally represent only another way of pleading an action against an entity of which an officer is an agent.”

When to Use It

• Injunctive relief: You want the government to stop doing something or start doing something. An official capacity suit against a state official can get you an injunction under Ex parte Young, 209 U.S. 123 (1908).
• Municipal defendants: An official capacity suit against a city official is the same as suing the city. If you’re already suing the city directly (under Monell), the official capacity claim is redundant.

When Not to Use It

• Money damages against state officials: The Eleventh Amendment blocks it. An official capacity suit against a state trooper for damages is a suit against the state — barred.
• When you’ve already named the municipality: If you’re suing the City of Springfield and Officer Smith in his official capacity, the official capacity claim is duplicative. Courts often dismiss it as redundant.

The Practical Move

In most § 1983 cases against local police:

1. Sue the officers in their individual capacity → money damages
2. Sue the municipality directly under Monell → money damages
3. Sue a supervisory official in official capacity → injunctive relief (policy changes, training reforms)

This covers all your bases without redundancy.

Key Cases

• Kentucky v. Graham, 473 U.S. 159 (1985) — Official capacity = suit against the entity
• Ex parte Young, 209 U.S. 123 (1908) — Injunctive relief against state officials despite Eleventh Amendment
• Brandon v. Holt, 469 U.S. 464 (1985) — Judgment against officer in official capacity is enforceable against the entity