Opinion

William E. Oyler v. National Guard Association of the United States

  • 743 F.2d 545
  • 39 Fed. R. Serv. 2d 1372
  • 1984 U.S. App. LEXIS 18769
Court
Court of Appeals for the Seventh Circuit
Filed
Sep 10, 1984
Status
Published
Author
Fairchild
On the bench
Fairchild, Pell, Coffey
Cited by
20 cases

noting that Illinois state immunity is not as broad as federal immunity, in part because Illinois provides immunity "for discretionary acts taken within the scope of [state officials'] duty," inferring that federal immunity extends to both discretionary and mandatory acts

How later courts described this case

  • noting that Illinois state immunity is not as broad as federal immunity, in part because Illinois provides immunity "for discretionary acts taken within the scope of [state officials'] duty," inferring that federal immunity extends to both discretionary and mandatory acts
  • “Federal Rule 17(b) provides that an unincorporated association has the capacity to be sued in its own name if such capacity is provided for under state law or if the action is based upon constitutional rights or the laws of the United States.”
  • rejecting this argument as it would "obviously constitute an unwarranted interference by this court with the substantive law of [a state]."
  • state would be real party in interest if it would bear financial burden of verdict against state official

Written by the judges who cited it.

The opinion

FAIRCHILD, Senior Circuit Judge,

concurring.

I concur in all respects except as to the quashing of service of process to the individual defendants McCadden, Higgins, Fry, Miller, Greenlief, and Goodrich. I agree that the trial court’s order to quash should be upheld. However, I would do so on the basis that service by mail was ineffective. The local district court “standing order on service” purporting to authorize service by certified or registered mail was inconsistent with F.R.Civ.P. Rule 4(d)(1) which requires personal service and was therefore invalid.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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