Joseph L. Pena v. Booth Gardner Lawrence Kincheloe Warden John Lambert Amos Reed

U.S. Court of Appeals, Ninth Circuit · Decided 1992-10-09

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T.G. NELSON, Circuit Judge, specially concurring. I write separately only to emphasize that courts must still analyze the specifics of the conduct involved when determining whether a suit is against an official in his or her “official” or “individual” capacity. Our quote of the cryptic statement from Hafer, that “the phrase ‘acting in their official’ capacities can best be understood as a reference…

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