Ronald E. Stevens, Individually and as Guardian of the Person and Estate of Bradley Edwin Stevens, a Disabled Person v. Richard Umsted

COFFEY, Circuit Judge.

Ronald E. Stevens (“Stevens”), both individually and as guardian of his son, Bradley Edwin Stevens (“Bradley”) brought an action for damages pursuant to 42 U.S.C. § 1983 against Richard Umsted, the superintendent of the Illinois School for the Visually Impaired (“ISVI”). The complaint failed, to specify whether Umsted was being sued in his official capacity, individual capacity, or both. Stevens claimed that while his blind and developmentally disabled son attended ISVI he was repeatedly sexually assaulted by other students. He asserted that Umsted violated Bradley’s…