Martin v. University of Arkansas for Medical Sciences

Full title: CAROLYN MARTIN PLAINTIFF v. UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCES…

Court: United States District Court, E.D. Arkansas, Western Division

Date published: Dec 30, 2008

4:08CV03617 JMM (E.D. Ark. Dec. 30, 2008)

Opinion

4:08CV03617 JMM.

December 30, 2008

ORDER

JAMES MOODY, District Judge

Pending is the Defendant's Motion to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. In her original Complaint, Plaintiff named the University of Arkansas for Medical Sciences ("UAMS") as the defendant. However, UAMS is not a legal entity capable of being sued. Assaad-Faltas v. UAMS, 708 F.Supp. 1026 (E.D. Ark. 1989), aff'd 902 F.2d 1572 (8^th Cir. 1990). Since the filing of the Motion to Dismiss, Plaintiff has filed an Amended Complaint naming the Board of Trustees of the University of Arkansas as the defendant instead of UAMS. Therefore, the Court finds that the Motion to Dismiss of Defendant UAMS (Docket # 16) should be GRANTED.

In conclusion, the Motion to Dismiss (Docket # 16) is GRANTED. Pursuant to Plaintiff's Amended Complaint, the Board of Trustees of the University of Arkansas is added as a defendant and UAMS is terminated.

IT IS SO ORDERED.