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Tricky question! Was the official acting as an agent of the state and in an official capacity when your rights were violated. If so, you probably can sue both. If it official was NOT acting as an agent for the state in an official capacity, then you'll probably only be able to sue the individual. Give a good law firm a call. Usually your first consultation is free and they will be able to answer alot of your questions.

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Q: If a state official violates your federally protected civil rights can you sue both the official and the state for damages?
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