in the caption of the complaint; and further, that the complaint does not allege any actions against him other than as a police officer of the City of Rome. It is clear that the caption does not name Early as an individual defendant. However, the complaint does request punitive damages in Paragraphs “40,” “47,” and “53,” and in the addendum clause. Since Early could only be hable for punitive damages in his individual capacity, Yorktown Medical Lab., Inc. v. Perales, 948 F.2d 84, 89 (2d Cir.1991) (citing Smith v. Wade, 461 U.S. 30, 35-36 & n. 5, 103 S.Ct. 1625, 1629 n. 5, 75 L.Ed.2d 632 (1983); Shabazz v. Coughlin, 852 F.2d 697, 700 (2d Cir.1988)), a fair reading of the complaint would be that he has been sued individually. See Yorktown Medical Lab., Inc., 948 F.2d at 88-89 (<HOLDING>). However, it is not necessary to make that
holding that in a bivens action service upon employee in his official capacity does not amount to service in his individual capacity holding that courts look to substance of plea for relief to determine nature of pleading not merely title of pleading holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim holding plaintiff stated claim in his individual capacity holding that individual capacity claims do not fail for lack of express pleading