Martin v. University of Arkansas for Medical Sciences

Filing 21

ORDER granting 13 Motion to Dismiss and dismissing UAMS as the defendant. Signed by Judge James M. Moody on 12/30/08. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CAROLYN MARTIN V. UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCES ORDER 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 (8th 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 this 30th day of December 2008. 4:08CV03617 JMM DEFENDANT PLAINTIFF

______________________________ James M. Moody United States District Judge