Official vs. Individual Capacity

Question 1

When is a suit against a defendant in their individual capacity?

Answer 1

Suit demands damages

Question 2

When is a suit against a defendant in their official capacity?

Answer 2

Suit demands injunctive, equitable relief

Question 3

Issues with suing an individual?

Answer 3

Issues arise with (1) immunity, (2) punitive damages and (3) no Monell requirements

Question 4

Issue with suing municipal officials in their official capacity?

Answer 4

Must meet Monell (official policy or custom)