Official capacity

Official capacity - Subject to 32.5, an individual serves a public agency in an official capacity only if -
(1) He is officially authorized, -recognized, or -designated (by such agency) as functionally within or -part of it; and
(2) His acts and omissions, while so serving, are legally those of such agency, which legally recognizes them as such (or, at a minimum, does not deny (or has not denied) them to be such).


28 CFR § 32.3

Scoping language

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