Hobbs v. Roberts

EDMONDSON, Circuit Judge:

In this engineering malpractice ease, Rosa Hobbs appeals from a judgment notwithstanding the verdict (JNOV) in favor of defendants. Because the course of proceedings shows Hobbs sued defendants in both their individual and official capacities, and because the Eleventh Amendment bars only official capacity suits, we affirm in part and vacate in part.

I. Background

Rosa Hobbs, a Tennessean, was hit by a truck when she crossed a seven lane street in Ft. Oglethorpe, Ga. Hobbs crossed when the traffic signals indicated she should have, but the signal was timed too quickly to…