Charles Archer & Linda Archer v. Sigma Tau Gamma…

Summary

The court affirmed dismissal of the Archers' negligence complaint against fraternity entities and members under Rule 12(b)(6). It held that the governing statute precluded liability for non-permit holders who provided alcohol to a person legally permitted to possess it, and that the complaint did not allege facts making the fraternity an alcoholic-beverage retailer. The court also rejected the as-applied constitutional challenge under rational-basis review.