holding that it is proper to dismiss allegations against government officers in their official capacities when the allegations duplicate claims against the governmental entity itself
How later courts described this case
- holding that it is proper to dismiss allegations against government officers in their official capacities when the allegations duplicate claims against the governmental entity itself
- noting that, because "there is no majority opinion, ... no opinion today will bind any court or future party in this circuit”
- affirming district court by 8-8 vote
- affirming by equally divided court
Written by the judges who cited it.
The opinion
PER CURIAM:
By reason of an equally divided en banc court, the decision of the district court is AFFIRMED. The panel opinion was vacated by the grant of rehearing en banc.