This is a case decided today by the 8th Circuit and provides a practice pointer of sorts. I can't say much for the quality of the writing in the decision, but the gist is this: agency sued as were past and present directors. Past director apparently the only one sued in an individual capacity. Qualified immunity motions for SJ filed and denied. Defendants appeal. Court dismisses for lack of jurisdiction because: (1) agency and official (sued in official capacity) not entitled to qualified immunity and (2) former official sued in individual capacity had died and there was never a substitution made. Thus, the court concluded no proper party had appealed. BTW, I don't make this stuff up - I just report on it. Have a great weekend. Chuck http://www.ca8.uscourts.gov/opndir/13/01/113755P.pdf Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 7910 Woodmont Ave., Suite 1440 Bethesda, Maryland 20814 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA Mid-Year Seminar April 14-16, 2013 IMLA'S Annual Conference in San Francisco September 29-October 2, 2013