Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

Suing a person in their official capacity? or individually?

What are the important differences? I...
Suing a person in their official capacity? or individually? What are the important differences?
I am investigating whether I have a cause of action against a local government official. I understand there will likely be a defense of immunity. But my position would be that act giving rise to my monetary damages was an act beyond the authority of that official. In fact, our state supreme court has "adopted the brightline rule..." prohibiting such acts by officials in that particular position.
If I bring action, who would be defendant? official in official capacity? official individually? or both? Official capacity only would likely be a taller hurdle, I suspect, for I failed to comply with some time-sensitive requirements.
Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
5/1/2013
LegalEagle1
LegalEagle1, Attorney
Category: Legal
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 25 years.
Verified
Hello and welcome to JustAnswer. I would like to assist you with your question today.

Usually one would sue the person as an individual and in there official capacity. If you sue under just one, they will assert they were acting in the other capacity and that you have failed to state a claim. The key difference is that if the person was acting in an official capacity they may have the defense of immunity. But it sounds like your State Supreme Court may have decided that they don't.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
Ask Your Own Legal Question
Customer reply replied 4 years ago

That answer makes sense to me.


Would you now assist me with identifying a proper cause of action?


The prohibited act is one of altering public records without authorization (and, as previously indicated, directly contrary to finding by our sup. ct.)
Would that be fraud? or something else? This is somewhat important because the statute of limitations may come into play. I believe, for example, sol on fraud is on the high end. Whereas other misdeeds have a shorter sol.

This question goes well beyond the scope of your initial inquiry. I don't mind answering an additional short and quick question, but I would greatly appreciate it if you would provide my first response with a positive rating. This is the only way I receive credit for assisting you.

Again why limit your claim to just one theory. If you are going to file a legal action you can assert multiple theories of recovery.

In Wisconsin the statute of limitations for fraud typically is 6 years. The time typically begins to run when the tort is discovered. So if fraud is not discovered until 7 years after it occurred the victim of the fraud can still seek recovery.

Please rate my answers with 3 or more stars so I receive credit for my work. You can continue to ask follow up questions after rating the answers.
LegalEagle1
LegalEagle1, Attorney
Category: Legal
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 25 years.
Verified
LegalEagle1 and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

I have opened new question - hopefully you will get it.

Ask LegalEagle1 Your Own Question
LegalEagle1
LegalEagle1
LegalEagle1, Attorney
Category: Legal
Satisfied Customers: 795
795 Satisfied Customers
Experience: Practicing attorney licensed for over 25 years.

LegalEagle1 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Is there a statute of limitations on embezzlement.
Is there a statute of limitations on embezzlement. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
What is the statute of limitations in the state of for a
What is the statute of limitations in the state of KY for a company suing you for the repossession of an auto. This debt has been sold through 5 debt collectors of which I have not been contacted thro… read more
Lori
Lori
Juris Doctor
312 satisfied customers
Is there a ststute. Is there a Statute of Limitation on
Is there a Statute of Limitation on Court Ordered Divorce Decrees in NJ, also NY? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
What is the Statute of Limitations for the State of Alaska
What is the Statute of Limitations for the State of Alaska to recover erroneous retirement payments made to the widow of a deceased State employee? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,326 satisfied customers
Is there a statute of limitations on property damage?
Is there a statute of limitations on property damage? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Is there a statute of limitation for damages caused by a
Is there a statute of limitation for damages caused by a tenant in a rental property in SC?… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,849 satisfied customers
Wondering about statute of limitations in Colorado, been
Wondering about statute of limitations in Colorado, been accused of check fraud back in 2013, which I have no re-collection of. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Miss, is there a statute of limitation on gun charges and
Hi Miss Wilson , is there a statute of limitation on gun charges and attemped murder in New York . charges from 1992. … read more
Andrew
Andrew
Attorney
Juris Doctorate
197 satisfied customers
It is on Illinois contract law and statute of limitation. I
It is on Illinois contract law and statute of limitation. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,553 satisfied customers
What is the statute of limitations for illegally selling
What is the statute of limitations for illegally selling Vicodin one time, specifically under federal law? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Statute of limitations - soliciting prostitution. Colorado
Statute of limitations - soliciting prostitution. JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Colorado JA: Have you talked to a lawyer yet? Customer: No… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
What is the statute of limitations in California to file a
What is the statute of limitations in California to file a wrongful death suit ? The issue is my brother's death due to non-treatment of pneumonia while in a skilled nursing facility. The death certif… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
What is the statute of limitations in California for filing
What is the statute of limitations in California for filing suit against a physician for breech of contract? Additionally, if the person is also suing the doctor for malpractice, would the person also… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
What is the statute of limitations in Texas for A felon in
What is the statute of limitations in Texas for A felon in possession of a firearm … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
What is the statute of limitations for legal malpractice
what is the statute of limitations for legal malpractice lawsuit? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Do different torts have different statutes of limitations
Do different torts have different statutes of limitations such as Personal Injury verses Abuse of Process vs Trespass etc?… read more
KLAW
KLAW
Juris Doctorate
1,773 satisfied customers
What are the statute of limitations for Intentional
what are the statute of limitations for Intentional Infliction of Emotional Distress cases?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
What is the statute of limitations on contesting a will in
What is the statute of limitations on contesting a will in the following particular circumstances? A man dies at 84 after having changed his will twice in the previous 20 years. One original will was … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x