Jackson v. Georgia Department of Transportation

BLACK, Circuit Judge:

In this appeal we determine whether individuals employed by a state agency are entitled to Eleventh Amendment immunity from suit in federal court when they are sued in their individual capacity but are nevertheless *1575eligible for insurance protection from the state’s voluntarily established liability insurance trust fund, through which the state will pay the verdict. We hold that a state’s liability insurance trust fund voluntarily established to protect its employees against personal liability for damages does not make the state the real party in interest for purposes of…