Kraft v. Adams

Blackburn, Chief Judge.

Kent Kraft appeals from the trial court’s dismissal of his complaint against Michael Adams and other state officials, contending that the trial court erred by (1) ruling that he could not sue the defendants in their individual capacities under 42 USC § 1983 for actions taken in their official capacities and (2) dismissing his claim for attorney fees and costs under 42 USC § 1988. For the reasons set forth below, we affirm.

A motion to dismiss for failure to state a claim upon which relief may be granted should not be sustained unless (1) the allegations of the complaint…