Legal Opinion
Montana Caregivers Ass'n v. United States
District Court, D. Montana
Decided January 20, 2012No. CV 11-74-M-DWMPublishedCited by 7 opinions
1Opinion of the Court
*1148ORDER
MOLLOY, District Judge.
The defendants move to dismiss the plaintiffs’ complaint under Federal Rule of Civil Procedure 12(b)(6) and, alternatively, 12(b)(5). The complaint is dismissed under Rule 12(b)(6), so it is unnecessary to consider Rule 12(b)(5).
Background
The plaintiffs describe themselves as “caregivers: growers and distributors of medical marijuana to qualified patients within the State of Montana.” Compl. ¶ 1. They filed their complaint after federal authorities raided their facilities in March 2011 and seized live marijuana plants, dried marijuana, and related equipment.
The…
2Cases cited12 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Gonzales v. RaichSupreme Court of the United States · 2005
- Fayer v. VaughnCourt of Appeals for the Ninth Circuit · 2011
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3Cited by7 opinions
- Gaetan H. Bourgoin v. Twin Rivers Paper Company, LLCSupreme Judicial Court of Maine · 2018
- United States v. WashingtonDistrict Court, D. Montana · 2012
- Sacramento Nonprofit Collective v. HolderDistrict Court, E.D. California · 2012
- Bowers v. City of PortervilleDistrict Court, E.D. California · 2024
- Carrillo v. Department of JusticeDistrict Court, E.D. California · 2020
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