Beavers v. Hadden

EDWARD N. SCRUGGS, Retired Circuit Judge.

The plaintiff sued a sheriff for not serving a witness subpoena. The sheriff moved to dismiss the complaint on the ground that it failed to state a claim upon which relief could be granted. The amended complaint was dismissed with prejudice by the trial court, and the plaintiff timely appealed.

The amended complaint was as follows:

“1. On or before February 11, 1987, plaintiff requested a subpoena for a witness, and the court issued said subpoena.

“2. At the hearing at which plaintiff had requested the subpoena for his witness, plaintiff discovered that…