Topic: the capacity of a governmental body to be sued in the feder… · Go Syfert
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Topic #12237

3 canonical passages across 3 cases, quoted by 31 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Avery v. County Of Burke.

#Case FlagCanonical passage Citers
1 Avery v. County Of Burke Anchor
ca4 · 1981
green “the capacity of a governmental body to be sued in the federal courts is governed by the law of the state in which the district court is held.” 18
2 McPherson v. First & Citizens National Bank of Elizabeth City
nc · 1954
green “the capacity to be sued exists only in persons in being.” 8
3 April Smith v. Jason Munday
ca4 · 2017
green “under north carolina law, the asheville police department is not a 'person' and, therefore, lacks the capacity to be sued.” 5

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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