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Meyer v. Walls9/5/1997
its allegations that plaintiff was suing Underwood, Barrow, and Miller in both their official and individual capacities. In its order, the trial court did not refer to the official or individual capacities of these claimants. Instead, without explanation, the court allowed these defendants' motions to dismiss for failure to state a claim upon which relief can be granted and denied their motions to dismiss for lack of subject matter jurisdiction.
In ruling on the individual defendants' motions to dismiss, the first step is to determine whether the complaint seeks recovery from the individuals in their official or individual capacities, or both. The difference between official and individual-capacity lawsuits was explained by Anita R. Brown-Graham and Jeffrey S. Koeze in an article published by the Institute of Government: A suit against a defendant in his individual capacity means that the plaintiff seeks recovery from the defendant directly; a suit against a defendant in his official capacity means that the plaintiff seeks recovery from the entity of which the public servant defendant is an agent. Anita R. Brown-Graham & Jeffrey S. Koeze, Immunity from Personal Liability under State Law for Public Officials and Employees: An Update, Loc. Gov't L. Bull. 67, at 7 (Inst. of Gov't, Univ. of N.C. at Chapel Hill), Apr. 1995 [hereinafter "Law Bulletin"].
As Brown-Graham and Koeze explained:
The crucial question for determining whether a defendant is sued in an individual or official capacity is the nature of the relief sought, not the nature of the act or omission alleged. If the plaintiff seeks an injunction requiring the defendant to take an action involving the exercise of a governmental power, the defendant is named in an official capacity. If money damages are sought, the court must ascertain whether the complaint indicates that the damages are sought from the government or from the pocket of the individual defendant. If the former, it is an official-capacity claim; if the latter, it is an individual-capacity claim; and if it is both, then the claims proceed in both capacities.
Id. ; see also Kentucky v. Graham, 473 U.S. 159, 166, 87 L. Ed. 2d 114, 121, 105 S. Ct. 3099 (1985) (explaining that "while an award of damages against an official in his personal [individual] capacity can be executed only against the official's personal assets, a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"); Moore v. City of Creedmoor, 345 N.C. 356, 367, 481 S.E.2d 14, 21 (1997) (holding that claims against the City of Creedmoor police chief and a member of the City of Creedmoor Board of Commissioners in their official capacities were merely another way of bringing suit against the City of Creedmoor).
Thus, "'official capacity' is not synonymous with 'official duties'; the phrase is a legal term of art with a narrow meaning -- the suit is in effect one against the entity." Law Bulletin at 7. Whether the allegations relate to actions outside the scope of defendant's official duties is not relevant in determining whether the defendant is being sued in his or her official or individual capacity. To hold otherwise would contradict North Carolina Supreme Court cases that have held or stated that public employees may be held individually liable for mere negligence in the performance of their duties. See, e.g., Givens v. Sellars, 273 N.C. 44, 159 S.E.2d 530 (1968); Wirth v. Bracey, 258 N.C. 505, 128 S.E.2d 810; Smith v. Hefner, 235 N.C. 1, 68 S.E.2d 783 (1952); Hansley v. Tilton, 234 N.C. 3, 65 S.E.2d 300 (1951); Miller v. Jones, 224 N.C. 783, 32 S.E.2d 594 (1945); Lewis v. Hunter, 212 N.C. 504, 193 S.E. 814 (
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