Free Order on Motion to Dismiss Party - District Court of Arizona - Arizona

MINUTES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

STEVENSON J. WILLIAMS

v.

JOSEPH M. ARPAIO, et al.

THE HONORABLE JOHN W. SEDWICK CASE NO. CIV 04-459 JWS (VAM)

PROCEEDINGS: ORDER FROM CHAMBERS July 29, 2005 _____________________________________________________________________ Plaintiff Williams filed suit against two individual defendants and the Maricopa County Board of Supervisors. At docket 21, the Board moved to dismiss for failure to state a claim on the grounds that it is not an entity which is capable of being sued. Williams filed an opposition at docket 22, and a reply was filed at docket 23. The court has reviewed the parties papers and now issues its decision. The Board correctly points out that whether it is an entity of a type which can be sued is a question of Arizona law. The Board also correctly shows that, under Arizona law, it is not an entity which can be sued. Williams has not cited any authority for the proposition that the Board is an entity which can be sued. The motion at docket 21 is GRANTED: all claims against the Maricopa County Board of Supervisors are DISMISSED. ______________________

Case 2:04-cv-00459-JWS-VAM

Document 27

Filed 07/29/2005

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