The United States Court of Appeals for the Eleventh Circuit recently clarified what a lower court may consider in deciding a motion to dismiss. See Johnson v. City of Atlanta, No. 22-11359, — F.4th –, 2024 WL 3384936 at *4-6 (11th Cir. July 12, 2024). Now, in the Eleventh Circuit, documents need not be referenced or attached to a complaint to be considered by a lower court at the motion to dismiss stage.
Motions to Dismiss
A motion to dismiss is a formal request for the court to dismiss a case. In federal court, Federal Rule of Civil Procedure 12(b) governs motions to dismiss. When ruling on a motion to dismiss, a court generally may not consider matters outside the four corners of the pleadings without converting it to a motion for summary judgment.
Of course, there are exceptions. One exception is the incorporation-by-reference doctrine. Generally speaking, this doctrine allows a lower court to consider a document outside the four corners of the pleading when deciding a motion to dismiss.
The Old Rule
Until Johnson, the Eleventh Circuit had conflicting decisions on what constituted adequate incorporation of documents by reference for a motion to dismiss. Some opinions held that the document only needs to be:
(1) central to the plaintiff’s claim; and
(2) undisputed (meaning its authenticity is not challenged) in order for the court to consider it.
Other decisions, however, held that three elements were required:
(1) the plaintiff must refer to the document in the complaint;
(2) the document must be central to the claim; and
(3) the document must be undisputed.
The difference is that some opinions required actual reference to the document in the complaint.
Johnson and the New Rule
In Johnson, the plaintiff brought a Section 1983 claim against the City of Atlanta and a police officer, alleging that the police officer used excessive force against the plaintiff at a traffic stop. The City of Atlanta moved to dismiss for the failure to state a claim.
In answering the complaint, the police officer referred to body camera footage with the plaintiff. After introducing the footage, the officer moved for judgment on the pleadings. The court granted both motions based on the video footage.
The Court of Appeals was tasked with addressing whether the video footage could properly be considered under the incorporation-by-reference doctrine. Acknowledging previous inconsistent holdings, the Eleventh Circuit clarified the rule going forward. Now, when faced with a motion to dismiss, lower courts may consider evidence not referenced in or attached to a complaint if the evidence is (1) central to the plaintiff’s claims and (2) undisputed.
Takeaways
In effect, this clarification will make it easier for courts to decide—and grant—motions to dismiss where the plaintiff’s claim is refuted by an undisputedly authentic document central to the claim.
As a result, motions to dismiss will become more effective. They now may result in earlier resolution of cases, whether by dispositive motions on the pleadings or by earlier settlement.
Business is in Olivia Landrum’s DNA, but law was always in her future. Growing up in a family business and concentrating her undergraduate studies in finance was just the beginning. From an early age, Olivia also knew she wanted to study law. Today, as a Litigation Associate, Olivia’s background empowers her with the ability to understand both the business and the legal side of a matter.
A graduate of the University of Georgia School of Law, Olivia was a member of a winning Moot Court Competition team, served as Executive Notes Editor for the Georgia Journal of International and Comparative Law and was selected for the Clarke-Carley (formerly Lumpkin) Inn of Court. She received her Bachelor of Science in Finance from Auburn University. Olivia is also a proud alumni of Berman Fink Van Horn’s Summer Associate program.
Outside of the office, Olivia enjoys going for walks and exploring all that Atlanta has to offer, especially its neighborhoods, parks and local restaurants.
