Legal Opinion

Banks v. Slay

Court of Appeals for the Eighth Circuit

Decided November 17, 2017No. 16-3459, No. 16-3461, No. 16-3462, No. 16-4171PublishedCited by 44 opinions

1Opinion of the Court

SHEPHERD, Circuit Judge.

• A core tenet of 42 U.S.C. § 1983 jurisprudence is that an official-capacity suit against an individual is really a suit against that official’s government entity. This case -applies that principle,- as the primary issue we are called upon to decide is whether—under the facts of this case—a properly served, yet unnamed, government entity may evade a judgment obtained solely against an employee in his official capacity. Our answer, flowing from settled precedent, is that it may not. We affirm the district court1 and, on cross-appeal, affirm its orders on post-judgment…

2Cases cited17 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Kentucky v. GrahamSupreme Court of the United States · 1985
  3. Brandon v. HoltSupreme Court of the United States · 1985
  4. Perdue v. Kenny A. ex rel. WinnSupreme Court of the United States · 2010
  5. Griffin v. GriffinSupreme Court of the United States · 1946

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3Cited by44 opinions

  1. Leonetti's Frozen Foods, Inc. v. Rew Mktg., Inc.Court of Appeals for the Eighth Circuit · 2018
  2. Maria Childress v. Fox AssociatesCourt of Appeals for the Eighth Circuit · 2019
  3. Doe v. Fort Zumwalt R-Ii Sch. Dist.Court of Appeals for the Eighth Circuit · 2019
  4. Tom Dunne, Jr. v. Resource Converting, LLCCourt of Appeals for the Eighth Circuit · 2021
  5. Edwin Van Dorn v. Scott HunterCourt of Appeals for the Eighth Circuit · 2019

39 more not listed; retrieve them via the Exa API.

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