852 F.2d 114 (4th Cir. 1988).

A photographer instituted suit in federal court against a state university, its governing board, and its director seeking damages for copyright infringement.

The United States Court of Appeals for the Fourth Circuit concluded that the Eleventh Amendment precluded a suit against a state educational institution, its governing board, and one of its officials sued in her official capacity under the Copyright Act.

Notwithstanding that conclusion, however, the court found that the university official, although acting within the course of her employment, was amenable to suit in her individual capacity for the alleged copyright infringement since a state may not authorize its agent “to commit torts without civil recourse” and a judgment for money damages would have no adverse affect upon the state treasury.

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