Government officials may be sued in their individual capacity. Such a suit does not represent a suit against the government entity for which he is associated. Kentucky v. Graham, 473 U.S. 159, 165 (1985). The failure to identify in which capacity a defendant is being sued is a critical pleading defect.

The question presented is whether, in the instant case, where Russell R. McMurray, the named defendant, can be sued in his individual capacity, or whether as the lower courts deemed, this suit is equivalent to suing the State of Georgia.

Whether the named defendant, Russell R. McMurry, can be sued in his individual capacity or if this suit is equivalent to suing the State of Georgia