Robert Biggs v. William C. Meadows Nurse Cartwright Superintendent Barnes Mr. Weeks

Reversed and remanded by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge WILKINS and Judge WILLIAMS joined.

OPINION

ERVIN, Chief Judge:

In this case, we address whether a plaintiff filing a complaint under 42 U.S.C. § 1983 must plead expressly that state officials are being sued in their individual, rather than official, capacities. Adopting the view accepted by most other circuits, we hold that a litigant need not explicitly draw such a distinction. Instead, a court must look to the substance of the complaint, the relief sought, and the course of proceedings to determine…