Summary

I Am The Beast etc. v. Michigan State Police

Defendant Ingham County Jail argues first that it is not a legal entity which can sue or be sued in its own name. The Court agrees. Rule 17 of the Federal Rules of Civil Procedure marks the starting point for the issue of capacity to be sued. That rule reads in pertinent part:
Rule 17. Parties Plaintiff and Defendant:
Capacity
(b) Capacity to Sue or be Sued. The capacity of an individual, other than one acting in a representative capacity, to sue or be sued shall be determined by the law of the individual's domicile.
Source: Wikisource

I Am The Beast etc. v. Michigan State Police

Conclusory allegations are not acceptable, however, where no facts are alleged to support the conclusion or where the allegations are contradicted by the facts themselves. Vermillion Foam Products Co. v. General Electric Co., 386 F. Supp. 255 (E.D. Mich. 1974) . The court cannot dismiss plaintiff's complaint unless "it appears beyond doubt that the plaintiff can prove no set of facts in support of its claim which would entitle it to relief."
Source: Wikisource

I Am The Beast etc. v. Michigan State Police

Technically, of course, the 12 (b) (6) motion does not attack the merits of the case -- it merely challenges the pleader's failure to state a claim properly. 5 C. Wright, A. Miller & M. Kane, Federal Practice and Procedure § 1364, at 340 (Supp. 1987) . In deciding a 12 (b) (6) motion, the court must determine whether plaintiff's complaint sets forth sufficient allegations to establish a claim for relief. The court must accept all allegations in the complaint at "face value" and construe them in the light most favorable to the plaintiff.
Source: Wikisource

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