Constitutional — Eleventh Amendment Immunity – State Employee – Individual Capacity Suit – State Defense

Goodwin v. Cockrell (Lawyers Weekly No. 14-02-0949, 6 pp.) (James Fox, Sr. J.) 4:13-cv-00199; E.D.N.C.

Holding: Even though the state has chosen to defend its employee, and even though any monetary judgment may be paid from the state’s treasury, this does not transform the claim against the employee in his individual capacity into a claim against the state. The employee is not entitled to Eleventh Amendment immunity with regard to the claims against him in his individual capacity.

The court denies plaintiff’s motion for partial summary judgment as to defendants’ counterclaims against him in his individual capacity.