Treadway v. Diez

Because I believe the trial court erred in denying defendant Sheriff’s Department’s motions to dismiss and allowing plaintiffs’ motions to amend, I respectfully dissent.

In the cases sub judice, plaintiffs’ respective complaints and amended complaints named as a party-defendant, “Buncombe County Sheriff’s Department.” A series of summonses and alias and pluries summonses each named “Buncombe County Sheriff’s Department” as a party-defendant. The Sheriff’s Department moved to dismiss because “Buncombe County Sheriff’s Department is not a legal entity subject to suit[.]” Pursuant to North…