Also known as: official capacities · in an official capacity · in official capacity · official duties
Written by attorneys · grounded in primary & secondary sources — see below
The position or role in which a public officer, employee, or corporate officer performs the functions of an office or employment. Conduct undertaken in that role is attributed to the entity rather than the individual personally and triggers distinct procedural, immunity, and liability rules.
Select any source to read its text and confirm it supports the definition.
Judge Oakley Osei receives a request from two neighboring cities to mediate a boundary dispute. Because the mediation would require the judge to perform a judicial function outside the court's docket, the judge declines. The prohibition prevents the judge from exercising official authority in a private forum without express statutory authorization.
Odette Orozco, a county health inspector, emails a journalist a report she prepared during a required facility inspection. Her supervisor disciplines her for the disclosure. Because the report was created as part of her assigned duties, the First Amendment does not shield the communication from employer sanctions.
Orson Ochoa, a former police commissioner, sues a newspaper over an editorial criticizing enforcement policies during his tenure. The editorial addresses Ochoa's performance of supervisory duties over the department. Because the statements concern his official conduct, he must prove actual malice to prevail.
Oskar Ocampo, a state prison administrator, adopts a new visitation policy that inmates challenge as unconstitutional. Ocampo moves to dismiss on qualified-immunity grounds. Because the policy was formulated and implemented while carrying out the duties of his office, he receives the protection of qualified immunity unless he violated clearly established law.
Onyx O'Reilly sues the city police chief in official capacity after officers following department policy allegedly violate his rights. The complaint seeks injunctive relief and damages from the municipality. Because the chief is named in official capacity, the suit is treated as an action against the city itself under Monell standards.
Oswald Orozco, a former White House aide, sues the President for actions taken while directing federal agencies to implement a national-security directive. The President moves to dismiss. Because the directive was issued in the course of official presidential responsibilities, absolute immunity bars the suit.
A suit names the official in official capacity when the plaintiff seeks relief that would require the government entity to act or pay damages from public funds. Courts treat such suits as actions against the entity itself.
No. When a public employee speaks pursuant to official duties, the First Amendment does not insulate the employee from discipline even if the speech addresses a matter of public concern.
…statements charged him personally with these acts; his contention is that the advertisement connects him with them only in his official capacity as the Commissioner supervising the police, on the theory that the police might be equated with the "They" who did the bombing and assaulting. Thus, if these allegations can be read as…
…Amendment. We move to a consideration of these matters. II. That the action of state courts and judicial officers in their official capacities is to be regarded as action of the State within the meaning of the Fourteenth Amendment, is a proposition which has long been established by decisions of this Court. That principle was…
…included the Secretary of the United States Senate and the Clerk of the United States House of Representatives, both in their official capacities and as ex officio members of the Federal Election Commission. The Commission itself was named as a defendant. Also named were the Attorney General of the United States and the Comptroller…
…otherwise be the case. And society's interest in the officers of government is not strictly limited to the formal discharge of official duties
…officials, the State Board of Medicine and the State Board of Osteopathic Medicine for use in the performance of their
A public official must prove actual malice—knowledge of falsity or reckless disregard for the truth—when the allegedly defamatory statement concerns the official's performance of public duties.
Officials receive qualified immunity for discretionary functions performed in their official capacity unless they violate clearly established statutory or constitutional rights.
An officer acts in official capacity when performing duties of the office held in the corporation. Indemnification is available for liabilities incurred by reason of that role provided the officer acted in good faith and reasonably believed the conduct served the corporation's best interests.