A personal capacity suit targets which party?

A personal capacity suit targets which party?

• A. The department
• B. The city
• C. The supervisor
• D. The officer individually

Answer: (D)

The main idea here is who bears liability when a claim is filed in a personal capacity. A personal capacity suit is aimed at the individual who acted, in their own name, rather than at the government entity. So the party targeted is the officer personally — the officer’s own actions and liability, not the department or the city. The department or city would be defendants in an official-capacity claim, where the government entity is the one on the hook, not the individual officer. A supervisor could be involved, but in a personal-capacity action the focus is on the officer’s own conduct.

The main idea here is who bears liability when a claim is filed in a personal capacity. A personal capacity suit is aimed at the individual who acted, in their own name, rather than at the government entity. So the party targeted is the officer personally — the officer’s own actions and liability, not the department or the city. The department or city would be defendants in an official-capacity claim, where the government entity is the one on the hook, not the individual officer. A supervisor could be involved, but in a personal-capacity action the focus is on the officer’s own conduct.