In a Section 1983 suit, which statement is true?

In a Section 1983 suit, which statement is true?

• A. Official-capacity claims sue the individual; personal-capacity claims against the government entity
• B. Only one type may be pursued
• C. Neither may be pursued against government employees
• D. Official-capacity claims are against the government entity; personal-capacity claims sue the individual; both may be pursued

Answer: (C)

Section 1983 allows suits against people acting under color of state law for violating someone’s federal rights. A plaintiff can sue a government employee in their personal capacity for damages based on the individual’s own conduct, and the plaintiff can also name the same official in an official capacity, which is treated as a suit against the government entity itself. This means you can pursue both types: personal-capacity claims against the individual and official-capacity claims against the entity (often limited by the need to show a policy or custom under Monell). Therefore, the statement that neither type may be pursued against government employees is incorrect, because individuals can face liability in their personal capacity, and official-capacity claims target the government entity rather than the person.

Section 1983 allows suits against people acting under color of state law for violating someone’s federal rights. A plaintiff can sue a government employee in their personal capacity for damages based on the individual’s own conduct, and the plaintiff can also name the same official in an official capacity, which is treated as a suit against the government entity itself. This means you can pursue both types: personal-capacity claims against the individual and official-capacity claims against the entity (often limited by the need to show a policy or custom under Monell). Therefore, the statement that neither type may be pursued against government employees is incorrect, because individuals can face liability in their personal capacity, and official-capacity claims target the government entity rather than the person.