law-official-capacity (and immunity)
OFFICIAL CAPACITY
Capacity
“A plaintiff may sue a governmental employee or official in the person’s official capacity, individual capacity, or
both.” Nueces County v. Ferguson, 97 S.W.3d 205, 213 (Tex. App.—Corpus Christi 2002, no pet.). Claims
against governmental employees in their official capacities are separate and distinct from claims against
governmental employees in their individual capacities. Id. at 213–14. “It is fundamental that a suit against a
state official is merely ‘another way of pleading an action against the entity of which [the official] is an agent.’”
Koseoglu, 233 S.W.3d at 844 (quoting Kentucky v. Graham, 473 U.S. 159, 165, 105 S. Ct. 3099, 3105
(1985)). In a suit against a person in his official capacity, the real party in interest is the employing
governmental entity. Id. A suit against a person in his individual capacity, however, seeks to impose personal
liability on the individual being sued for personal actions under color of state law. Ferguson, 97 S.W.3d at
214 (citing Graham, 473 U.S. at 165, 105 S. Ct. at 3105).
COURTS OF APPEALS DECISIONS ON OFFICIAL CAPACITY / IMMUNITY
CAUSES OF ACTION ELEMENTS | HOUSTON CASE LAW | TEXAS COURT OF APPEALS OPINIONS
HOUSTON OPINIONS HOME PAGE