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Individual Capacity Claims Can Be Inferred From Complaint
Whether a plaintiff sued defendants in their individual or official
capacities is determined by a "course of proceedings" test. The court
disingenuously denies that it has applied a rigid rule that capacity must
be spelled out explicitly or it will be assumed that official capacity is
meant (leading to Eleventh ...
capacities is determined by a "course of proceedings" test. The court
disingenuously denies that it has applied a rigid rule that capacity must
be spelled out explicitly or it will be assumed that official capacity is
meant (leading to Eleventh ...
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