Eleventh Circuit Clarifies Incorporation-by-Reference Doctrine in Pre-Trial Motions

Eleventh Circuit Clarifies Incorporation-by-Reference Doctrine in Pre-Trial Motions

In Johnson v. City of Atlanta, the Eleventh Circuit clarified the incorporation-by-reference doctrine regarding how lower courts may handle documents outside the complaint in motions to dismiss or for judgment on the pleadings. 

According to an article by the Darrow Everett firm, the Court held that a document not referenced in or attached to a complaint can still be considered if it is central to the plaintiff’s claims and its authenticity is undisputed. This ruling settles conflicting interpretations of the doctrine within the Eleventh Circuit’s jurisdiction of Florida, Alabama, and Georgia, impacting federal courts’ ability to assess such documents.

The case arose from Charles Johnson Jr.’s Section 1983 excessive force claim against a police officer and the City of Atlanta. The City moved to dismiss under Rule 12(b)(6), and the officer requested judgment on the pleadings under Rule 12(c), relying on bodycam footage not referenced in Johnson’s complaint. 

The trial court granted both motions, taking the bodycam footage into account. On appeal, the Eleventh Circuit addressed differing interpretations of the incorporation-by-reference doctrine, ultimately clarifying the conditions under which such documents may be considered.

The Eleventh Circuit’s ruling discarded the previous three-part test, which required a document to be referenced or attached to the complaint, central to the claim, and undisputed. Instead, the Court established that only two conditions must be met: the document must be central to the plaintiff’s claims, and its authenticity must be uncontested.

For law firms, the article notes that this ruling simplifies the standards for introducing external documents in motions to dismiss or for judgment on the pleadings. Attorneys may now strategically utilize documents not directly referenced in complaints, potentially strengthening pre-trial dismissal motions and expediting case resolutions. This could lead to reduced litigation costs and faster case outcomes.