· 7/2/2001
Steve Brown v. Fifth Judicial District Drug Task Force
Citations
- 255 F.3d 475
- 7 Wage & Hour Cas.2d (BNA) 65
- 49 Fed. R. Serv. 3d 1110
- 2001 U.S. App. LEXIS 14799
- 2001 WL 736660
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reviewing district court’s dismissal for plain error where plaintiff did not respond to defendant’s motion to dismiss
- reviewing district court’s dismissal for plain error where plaintiff did not respond to defendant’s motion to dismiss
- finding no plain error in district court granting defendant’s Rule 12(b)(6) motion to dismiss arguing it is not legal entity capable of being sued
- affirming dismissal of case where defendant lacked the capacity to be sued
- “Rule 17(b)(3)(A) permits courts to imbue unincorporated associations and partnerships with the capacity to sue. But this power does not extend to entities that lack legal existence.”
- only “legal entities” are “subject to suit”; “a group of persons working together for a common purpose must first be found to have legal existence before the question of capacity to sue or be sued can arise”
Source: CourtListener parenthetical corpus (CC0).
Judges: Arnold, Fagg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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