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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.