At page 1279 Motion to dismiss based on prosecutorial immunity189 citing cases“a motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.”
- Daniel v. Sanofi S.A., No. 2:23-cv-01464 (N.D. Ala. Apr. 8, 2024). (A motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.)
- Shepard v. Sanofi US Servs. Inc., No. 2:23-cv-01594 (N.D. Ala. Apr. 8, 2024).(A motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.)
- Chestnut v. Williams, No. 3:22-cv-01349 (M.D. Fla. Jan. 18, 2024).(A motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.)
- Sullivan v. Prattville Health & Rehab., LLC (MAG+), No. 3:22-cv-00702 (M.D. Ala. Apr. 14, 2023).(A motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.)
- Wright v. Ward, No. 5:22-cv-00324 (M.D. Ga. Nov. 3, 2022).(Failure to properly request leave to amend, when [the plaintiff] had adequate opportunity and time to do so, precludes the plaintiff’s argument on appeal that the district court abused its discretion in denying [the pl…)
- Tabitha Baker v. Oksana Sepich, No. 21-14145 (11th Cir. Sept. 30, 2022).unpublished(Filing a motion is the proper method to request leave to amend a complaint. . . . [The] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendme…)
- WorldSpan Marine Inc. v. Comerica Bank, No. 20-11646 (11th Cir. Dec. 13, 2021).unpublished(Filing a motion is the proper method to request leave to amend a complaint.)
- Orange v. Prescott, No. 3:20-cv-00842 (M.D. Fla. Jan. 28, 2021).(A motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.)
- Furr v. TD Bank, N.A. (In re Rollaguard Sec., LLC), 576 B.R. 260 (Bankr. S.D. Fla. 2017).published(Filing a motion is the proper method to request leave to amend a complaint.... A motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.)
- Weissman v. Nat'l Ass'n of Sec. Dealers, Inc., 500 F.3d 1293 (11th Cir. 2007).published (Prosecutorial immunity may be asserted by a Rule 12(b)(6) motion, in which we ask if the allegations of the complaint disclose activities protected by absolute immunity.)
Show 174 more citing cases
- Day, No. 1:22-cv-22572 (S.D. Fla. Feb. 2, 2026).“failure to properly request leave to amend, when a plaintiff had adequate opportunity and time to do so, precludes the . . . argument . . . that the district court abused its discretion by denying her leave to amend her…”
- Carter v. Phelps, No. 3:24-cv-00098 (M.D. Ga. July 8, 2025).(A motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.)
- Frankin, No. 1:25-cv-02520 (N.D. Ga. Sept. 17, 2026).“Filing a motion is the proper method to request leave to amend a complaint”
- Robinson, No. 3:26-cv-00053 (M.D. Ga. Sept. 9, 2026).“[f]iling a motion is the proper method to request leave to amend a complaint”
- Shumpert, No. 3:26-cv-01545 (M.D. Fla. Aug. 25, 2026).“[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Ballard, No. 5:26-cv-00134 (M.D. Ga. Aug. 3, 2026).“[f]iling a motion is the proper method to request leave to amend a complaint”
- Justin Dewayne Johnson v. United States of Am., No. 6:25-cv-00347 (M.D. Fla. July 29, 2026).“[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Bethea, No. 3:26-cv-00295 (M.D. Fla. July 21, 2026).“[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Faircloth, No. 5:26-cv-00056 (M.D. Ga. June 22, 2026).“[f]iling a motion is the proper method to request leave to amend a complaint”
- Kendra Denise Ward v. Harbor Freight Tools USA, Inc., No. 3:25-cv-00159 (M.D. Ga. Mar. 6, 2026).P. 7(b), 15(a)(2); see United States ex rel 84Partners, LLC v. Nuflo, Inc., 79 F.4th 1353 , 1363 (11th Cir. 2023); United States ex rel Atkins v. McInteer, 470 F.3d 1350, 1362 (11th Cir. 2006); Long v. Satz, 181 F.3d 1275, 1279 (11th Cir.…
- Dawgs & Dingoes, LLC v. The City of Pooler, Georgia, No. 4:22-cv-00176 (S.D. Ga. Feb. 13, 2026).“A motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Cabral, No. 2:23-cv-00757 (M.D. Fla. Jan. 6, 2026).“failed to attach the amendment or set forth the substance of the proposed amendment”
- Hammond, No. 3:25-cv-00813 (M.D. Fla. Nov. 12, 2025).“[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Merryman, No. 3:25-cv-00730 (M.D. Fla. Oct. 28, 2025).“[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Doe v. Choice Hotels Int'l. Inc., No. 3:25-cv-00851 (M.D. Fla. Oct. 9, 2025).“[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Meyers v. R.J. Reynolds Tobacco Co., No. 3:25-cv-00897 (M.D. Fla. Oct. 2, 2025).“[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Benessere Inv. Grp., LLC v. Swider, No. 1:24-cv-21104 (S.D. Fla. Sept. 4, 2025).“either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Juravin v. Jones, No. 6:24-cv-01630 (M.D. Fla. Aug. 1, 2025).“motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- United States v. Gamechange Solar Corp., No. 3:22-cv-00612 (M.D. Fla. July 25, 2025).“[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Lewis v. Waters, No. 3:25-cv-00513 (M.D. Fla. July 16, 2025).“[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Grimaldi Deep Sea S.P.A. v. SSA Atl., LLC, No. 3:24-cv-00562 (M.D. Fla. May 20, 2025).“[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Davis v. The City of Selma, Alabama, No. 2:25-cv-00135 (S.D. Ala. May 16, 2025).“A motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Rokit World, Inc. v. Williams Grand Prix Eng'g Ltd., No. 3:24-cv-00878 (M.D. Fla. Mar. 26, 2025).“[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Mikell v. DeJoy, No. 5:24-cv-00039 (S.D. Ga. Feb. 14, 2025).Inc., 600 F. App’x 657, 665 (11th Cir. 2015) (citing Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999)); see also Rosenberg v. Gould, 554 F.3d 962, 967 (11th Cir. 2009) (“Where a request for leave to file an amended complaint simply is im…
- Agan v. Farrie, No. 4:24-cv-00173 (S.D. Ga. Feb. 5, 2025).“A motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Stahle v. Comm'r of the Soc. Sec. Admin., No. 3:24-cv-00850 (M.D. Fla. Dec. 9, 2024).“[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Doe v. ESA P Portfolio LLC, No. 1:24-cv-02423 (N.D. Ga. Nov. 15, 2024).“should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Van Ness v. Countryman, No. 4:24-cv-00032 (M.D. Ga. Sept. 26, 2024).“A motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Telematica Lefic, S.A. De C.V. v. Socorro Marin, No. 3:24-cv-00290 (M.D. Fla. Sept. 18, 2024).“[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Lowry v. Hwaseung Auto. USA, LLC, No. 1:23-cv-00524 (M.D. Ala. Sept. 13, 2024).Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999) (per curiam) (“Filing a motion is the proper method to request leave to amend a complaint.”).
- Gainsburg v. The Florida Bar, No. 0:23-cv-61877 (S.D. Fla. June 13, 2024).See Kivisto, 587 F. App’x at 524 (“[T]he district court may dismiss a complaint with prejudice on the basis of the [prosecutorial] immunity defense if a Rule 12(b)(6) motion demonstrates that the complaint, with all of its allegations acce…
- Moore v. Williams, No. 3:23-cv-01388 (M.D. Fla. May 16, 2024).“[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Chapman v. Wyeth Pharm., LLC, No. 3:23-cv-01257 (M.D. Fla. May 15, 2024).“[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment”
- Burton W. Wiand v. ATC Brokers Ltd., 96 F.4th 1303 (11th Cir. 2024).publishedCo. AG v. Fifth Third Bank, 879 F.3d 1151, 1157 (11th Cir. 2018) (quoting Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999)) (internal quotation marks omitted).
- Worth Johnson v. Prot. Life Ins. Co., 93 F.4th 1315 (11th Cir. 2024).published Co. AG v. Fifth Third Bank, 879 F.3d 1151, 1157 (11th Cir. 2018) (quoting Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999)).
- Darrell L. Jackson v. Eric L. Capraun, 534 F. App'x 854 (11th Cir. 2013).unpublished
- Eric Watkins v. Broward Sheriff's Off., No. 17-14871 (11th Cir. May 2, 2019).unpublished
- My24HourNews.com, Inc. v. AT&T Corp., 791 F. App'x 788 (11th Cir. 2019).unpublished
- Jarvis M. Adams v. Stiles A. Kellett, Jr., 360 F. App'x 67 (11th Cir. 2010).unpublished
- Steve Dennis Ryan v. Olakunle Aina, 222 F. App'x 801 (11th Cir. 2006).unpublished
- Bailey v. Janssen Pharmaceutica, Inc., 536 F.3d 1202 (11th Cir. 2008).unpublished
- Andrew J. Wagner v. Daewoo Heavy Indus., 314 F.3d 541 (11th Cir. 2002).published
- Doe v. Pryor, 344 F.3d 1282 (11th Cir. 2003).published
- Mizzaro v. Home Depot, Inc., 544 F.3d 1230 (11th Cir. 2008).published
- Guiden v. Morrow, 92 F. App'x 663 (10th Cir. 2004).unpublished
- Wetherbee v. S. Nuclear Operating Co., Inc., 423 F. App'x 933 (11th Cir. 2011).unpublished
- Lord Abbett Mun. Income Fund, Inc. v. Tyson, 671 F.3d 1203 (11th Cir. 2012).published
- Broam v. Bogan, 320 F.3d 1023 (9th Cir. 2003).published
- Janet Hill v. Bank of Am., Inc., 512 F. App'x 905 (11th Cir. 2013).unpublished
- Jesse Detris v. Jim Coats, 523 F. App'x 612 (11th Cir. 2013).unpublished
- Doe v. Heil, 533 F. App'x 831 (10th Cir. 2013).unpublished
- Wittenberg v. Oklahoma Health Care Auth., 781 F. Supp. 2d 1221 (N.D. Okla. 2011).published
- Aisenberg v. Hillsborough Cnty. Sheriff's Off., 325 F. Supp. 2d 1366 (M.D. Fla. 2004).published
- Hilliard v. Black, 125 F. Supp. 2d 1071 (N.D. Fla. 2000).published
- Playford Ex Rel. Colonial BancGroup, Inc. v. Lowder, 635 F. Supp. 2d 1303 (M.D. Ala. 2009).published
- Estrada v. Mendoza, 2012 UT App 82, 275 P.3d 1024.published
- Mcghee v. Pottawattamie Cnty., IA, 475 F. Supp. 2d 862 (S.D. Iowa 2007).published
- Coroles v. Sabey, 2003 UT App 339, 79 P.3d 974.published
- In Re Androgel Antitrust Litig. (No. II), 687 F. Supp. 2d 1371 (N.D. Ga. 2010).published
- Jonathan E. Perlman v. Bank of Am., N.A., 561 F. App'x 810 (11th Cir. 2014).unpublished
- Morgan v. Fed. Aviation Admin., 262 F.R.D. 5 (D.D.C. 2009).published
- Lamm Ex Rel. Ira v. State Street Bank & Trust, 749 F.3d 938 (11th Cir. 2014).published
- Allen Licht v. Ajene Watson, 567 F. App'x 689 (11th Cir. 2014).unpublished
- Arnold Johnson v. CO II Boyd, 568 F. App'x 719 (11th Cir. 2014).unpublished
- Engle Cases 4432 Individual Tobacco v. Various Tobacco Companies, 767 F.3d 1082 (11th Cir. 2014).published
- Cindy J. Ames v. J.P. Morgan Chase Bank, N.A., 623 F. App'x 983 (11th Cir. 2015).unpublished
- Jussi K. Kivisto v. Michael David Soifer, 587 F. App'x 522 (11th Cir. 2014).unpublished
- Richard Ferrell v. Harold E. Wolfe, Jr., 311 F. App'x 253 (11th Cir. 2009).unpublished
- Michele Tingling-clemmons v. Dist. of Columbia & Sandra Robinson, 133 A.3d 241 (D.C. 2016).published
- Carlos Antonio Ortega Bonilla v. USA, 652 F. App'x 885 (11th Cir. 2016).unpublished
- Tiffany Davis v. Auburn Bank, 704 F. App'x 837 (11th Cir. 2017).unpublished
- Cita Trust Co. AG v. Fifth Third Bank, 879 F.3d 1151 (11th Cir. 2018).published
- Anna Fey v. US Bank, N.A., No. 17-13420 (11th Cir. Aug. 9, 2018).unpublished
- Alex Higdon v. Judge Gail S. Tusan, No. 17-11127 (11th Cir. Aug. 14, 2018).unpublished
- Martin B. Smith, III v. HSBC Bank USA, No. 18-12349 (11th Cir. May 20, 2019).unpublished
- Steven Mandala v. Tire Stickers, LLC, 829 F. App'x 896 (11th Cir. 2020).unpublished
- Wagner v. Daewoo Heavy Indus. Am. Corp., 289 F.3d 1268 (11th Cir. 2002).published
- Mulholland v. Pharmacia & Upjohn, Inc., 52 F. App'x 641 (6th Cir. 2002).unpublished
- Chabad Chayil, Inc. v. The Sch. Bd. of Miami-Dade Cnty. Florida, 48 F.4th 1222 (11th Cir. 2022).published
- Jane Doe 8 v. Chiquita Brands Int'l, Inc., 48 F.4th 1202 (11th Cir. 2022).published
- Bakst v. Bank Leumi, USA (In re D.I.T., Inc.), 561 B.R. 793 (Bankr. S.D. Fla. 2016).published
- Corbett v. Transp. Sec. Admin., 968 F. Supp. 2d 1171 (S.D. Fla. 2012).published
- Roy v. Johnson, 97 F. Supp. 2d 1102 (S.D. Ala. 2000).published
- Morris v. Walmart Inc, No. 2:19-cv-00650 (N.D. Ala. Jan. 29, 2020).
- Bramlett v. Masters, No. 2:19-cv-00712 (M.D. Fla. Oct. 3, 2019).
- C.K. v. Wyndham Hotels & Resorts, Inc., No. 3:19-cv-01412 (M.D. Fla. Feb. 10, 2020).
- Root v. Kling, No. 3:20-cv-00118 (M.D. Fla. Mar. 26, 2020).
- Howard v. St. John's Cnty. Sheriff, No. 3:20-cv-00939 (M.D. Fla. Oct. 2, 2020).
- Prime Healthcare Servs. - Lehigh Acres, LLC v. Blue Cross Blue Shield of Florida, Inc., No. 3:20-cv-00988 (M.D. Fla. Oct. 26, 2020).
- Howard v. Brightway Ins., Inc., No. 3:20-cv-01020 (M.D. Fla. Nov. 17, 2020).
- Wright v. Gilead Sciences, Inc., No. 3:20-cv-01026 (M.D. Fla. Jan. 11, 2021).
- Carter v. Jacksonville Sheriff's Off., No. 3:20-cv-01097 (M.D. Fla. Apr. 8, 2021).
- Kelley v. Jacksonville Sheriff's Off., No. 3:20-cv-01101 (M.D. Fla. Apr. 8, 2021).
- Rasheed v. Jacksonville Sheriff's Off., No. 3:20-cv-01095 (M.D. Fla. Apr. 8, 2021).
- Wright v. Jacksonville Sheriff's Off., No. 3:20-cv-01093 (M.D. Fla. Apr. 8, 2021).
- Bailey, Jr. v. Jacksonville Sheriff's Off., No. 3:21-cv-00196 (M.D. Fla. Apr. 8, 2021).
- Reed v. Jacksonville Sheriff's Off., No. 3:20-cv-01105 (M.D. Fla. Apr. 8, 2021).
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- Irving v. St. John, No. 3:21-cv-01002 (M.D. Fla. Nov. 30, 2021).
- Schwartz v. ADP, LLC., No. 2:21-cv-00283 (M.D. Fla. Dec. 3, 2021).
- Lorete v. DeJoy, No. 3:21-cv-00445 (M.D. Fla. Dec. 6, 2021).
- WBSY Licensing, LLC v. Duval Cnty. Sch. Bd., No. 3:21-cv-00805 (M.D. Fla. Dec. 6, 2021).
- Smith v. Boston Sci. Corp., No. 3:21-cv-00815 (M.D. Fla. Dec. 6, 2021).
- Mount Zion Ame Church v. Church Mut. Ins. Co., S.I., No. 3:21-cv-01039 (M.D. Fla. Dec. 13, 2021).
- Atain Specialty Ins. Co. v. T. Disney Trucking & Grading, Inc., No. 3:21-cv-01097 (M.D. Fla. Feb. 25, 2022).
- Durham v. Newrez, LLC, No. 3:22-cv-00089 (M.D. Fla. Apr. 26, 2022).
- Florida Coastal Sch. of Law v. Cardona, No. 3:21-cv-00721 (M.D. Fla. July 5, 2022).
- Villa Medici Condo. Ass'n, Inc. v. Steadfast Ins. Co., No. 3:22-cv-00627 (M.D. Fla. July 28, 2022).
- Errickson v. Lakeland Reg'l Med. Ctr., Inc., No. 8:22-cv-00533 (M.D. Fla. Aug. 5, 2022).
- Sullivan v. Nassau Cnty., No. 3:22-cv-00267 (M.D. Fla. Aug. 19, 2022).
- Dero Roofing, LLC v. Triton, Inc, No. 2:21-cv-00688 (M.D. Fla. Oct. 25, 2022).
- Imiracle (HK) Ltd. v. Okie Smoky LLC, No. 3:22-cv-01389 (M.D. Fla. May 16, 2023).
- Medallia Inc. v. EchoSpan, Inc., No. 3:22-cv-01243 (M.D. Fla. Aug. 21, 2023).
- Aqua Gulf Logistics, Inc. v. GlobalTranz Enter., LLC, No. 3:23-cv-00547 (M.D. Fla. Aug. 24, 2023).
- Rothenberg v. Knight Swift Transp., No. 3:21-cv-01213 (M.D. Fla. Nov. 14, 2023).
- Hammond DDGAS LLC v. Auto Owners Ins. Co., No. 3:23-cv-01332 (M.D. Fla. Dec. 19, 2023).
- Smith v. Allied First Bank, SB d/b/a Servbank, No. 3:23-cv-01229 (M.D. Fla. Jan. 3, 2024).
- Shelor v. Tata Motors Grp., No. 3:23-cv-00908 (M.D. Fla. Feb. 22, 2024).
- Watkins v. Sergeant M. Bigwood, No. 0:18-cv-63035, 2020 WL 1166720 (S.D. Fla. Mar. 11, 2020).
- Pyatt Jr v. Gimenez, No. 1:20-cv-20827, 2020 WL 4003495 (S.D. Fla. July 14, 2020).
- Perez v. Midland Nat'l Life Ins. Co., No. 1:19-cv-23650 (S.D. Fla. Aug. 21, 2020).
- Etheredge v. J.A.W. Ent., Inc., No. 1:19-cv-25186 (S.D. Fla. Sept. 11, 2020).
- Innova Inv. Grp., LLC v. Vill. of Key Biscayne, No. 1:19-cv-22540, 2020 WL 6781821 (S.D. Fla. Nov. 18, 2020).
- Okposio v. Barry Univ., Inc., No. 1:20-cv-23814 (S.D. Fla. Dec. 23, 2020).
- Great White North Franchisee Ass'n-USA, Inc. v. Tim Hortons USA, Inc., No. 1:20-cv-20878 (S.D. Fla. Dec. 20, 2020).
- Coakley v. City of Hollywood, No. 0:19-cv-62328 (S.D. Fla. May 20, 2021).
- Hendrix-Smith v. Santander Consum. USA, No. 1:20-cv-22254 (S.D. Fla. May 17, 2021).
- Harris v. Miami-Dade Cnty., No. 1:19-cv-22799 (S.D. Fla. Sept. 1, 2021).
- Noble House, LLC v. Derecktor Florida, Inc., No. 0:20-cv-62438 (S.D. Fla. Sept. 13, 2021).
- Silberman v. Premier Beauty & Health LLC, No. 1:20-cv-21984 (S.D. Fla. Sept. 22, 2021).
- Chisholm Props. South Beach, Inc. v. Arch Specialty Ins. Co., No. 1:21-cv-22960 (S.D. Fla. Feb. 4, 2022).
- Callejas v. Ocejo, No. 1:21-cv-23294 (S.D. Fla. Feb. 10, 2022).
- Douglas v. Cruise Yacht Op Co. Ltd., No. 1:21-cv-23980 (S.D. Fla. May 26, 2022).
- Morales v. United States Drug Enf't Admin., No. 1:21-cv-22388 (S.D. Fla. Aug. 31, 2022).
- Corporacion Indus. De Energia,c.a. v. Jpmorgan Chase Bank, N.A., No. 1:22-cv-22867 (S.D. Fla. Jan. 3, 2023).
- Moncus v. Lasalle Mgmt. Co., LLC d/b/a Lasalle Corr., 423 F. Supp. 3d 1358 (M.D. Ga. 2019).published
- Jones v. Ward, No. 5:20-cv-00336 (M.D. Ga. Aug. 19, 2022).
- Vasseur v. Valdosta State Univ., No. 7:22-cv-00097 (M.D. Ga. Jan. 19, 2023).
- Alexander v. Thomas Univ. Inc, No. 7:21-cv-00086 (M.D. Ga. Mar. 1, 2023).
- Modi v. Alexander, No. 1:19-cv-05619 (N.D. Ga. Sept. 28, 2020).
- Brantley v. Tiffin Motor Homes, Inc., No. 1:21-cv-02228 (N.D. Ga. Feb. 14, 2022).
- Hix v. Acrisure Holdings, Inc., No. 1:21-cv-04541 (N.D. Ga. July 18, 2022).
- Chase v. The Haskell Co., No. 1:22-cv-03941 (N.D. Ga. June 1, 2023).
- Medallia Inc. v. EchoSpan, Inc., No. 1:23-cv-03730 (N.D. Ga. Aug. 21, 2023).
- Edible Arrangements, LLC v. Mboup, No. 1:23-cv-01158 (N.D. Ga. Sept. 19, 2023).
- Williams v. Harris, No. 1:19-cv-00165 (S.D. Ga. Apr. 3, 2020).
- Brown v. Gillis, No. 3:20-cv-00024 (S.D. Ga. Sept. 17, 2020).
- Lonon v. Philbin, No. 1:20-cv-00138 (S.D. Ga. Apr. 29, 2021).
- Matthews v. Jacobs, No. 3:20-cv-00078 (S.D. Ga. June 7, 2021).
- Hendrix v. Peed, No. 6:22-cv-00001 (S.D. Ga. May 19, 2022).
- Jackson v. Beasley, No. 6:24-cv-00001 (S.D. Ga. Mar. 1, 2024).
- Fam. Dollar Stores of Missouri, LLC v. TSAI's Inv., Inc, No. 4:21-cv-00572 (E.D. Mo. Feb. 7, 2022).
- Thompson v. US Bank, No. 2:23-cv-00080 (D. Mont. Apr. 9, 2024).
- Aragon v. Vander Dussen, No. 2:23-cv-00674 (D.N.M. Nov. 8, 2023).
- Aragon v. Vander Dussen, No. 2:23-cv-00674, 2023 WL 8602874 (D.N.M. Dec. 12, 2023).
- Dipasquale v. Hawkins, No. 3:16-cv-00219 (S.D. Ohio Oct. 21, 2019).
- Charest v. Ivey, No. 1:20-cv-00214 (S.D. Ala. Feb. 17, 2021).
- PainTEQ, LLC v. Omnia Med., LLC, No. 8:20-cv-02805 (M.D. Fla. Aug. 27, 2024).
- Club Madonna Inc v. City of Miami Beach, No. 1:16-cv-25378 (S.D. Fla. Feb. 20, 2020).
- Marquis Miller v. Suzanne Mitchell, Magistrate Judge, in her individual Capacity, No. 5:25-cv-00535 (W.D. Okla. Nov. 24, 2025).
- Davis, No. 2:25-cv-00101 (S.D. Ala. Jan. 8, 2026).
- Sipin, No. 2:26-cv-00374 (N.D. Ala. July 22, 2026).
- LM Media, LLC. v. Ello Ent. Grp., LLC., No. 0:25-cv-60261 (S.D. Fla. July 17, 2026).
- Kelvin Rance v. John Winn, 287 F. App'x 840 (11th Cir. 2008).unpublished
- Nancy Chase v. Lifepath Hospice, Inc., No. 16-16670 (11th Cir. Jan. 24, 2018).unpublished
- Checker Cab Operators, Inc. v. Miami-Dade Cnty.., 899 F.3d 908 (11th Cir. 2018).published
- Univ. of Puerto Rico Ret. Sys. v. Ocwen Fin. Corp., 934 F.3d 1307 (11th Cir. 2019).published
- Simmons v. United Parcel Serv. Inc, No. 3:25-cv-00105 (N.D. Ala. Mar. 19, 2025).
- Justin Dewayne Johnson v. United States of Am., No. 6:25-cv-00347 (M.D. Fla. Dec. 3, 2025).
- Simmons, No. 1:25-cv-02409 (N.D. Ga. Jan. 9, 2026).
- Cahill, No. 3:25-cv-01494 (M.D. Fla. Jan. 9, 2026).
- Doe, No. 3:26-cv-01265 (M.D. Fla. Aug. 18, 2026).
- Dey, No. 3:25-cv-00734 (M.D. Fla. Aug. 20, 2026).
- Davis, No. 3:24-cv-00764 (M.D. Fla. Sept. 17, 2026).
At page 1278 Analyzing absolute immunity for prosecutorial functions32 citing casesapplying the traditional formulation of the standard of review
- Weissman v. Nat'l Ass'n of Sec. Dealers, Inc., 500 F.3d 1293 (11th Cir. 2007).published There can be no doubt that a motion to dismiss under Rule 12(b)(6) is a proper vehicle to defeat a complaint that, on its face, cannot overcome an immunity defense. -See Stump v. Sparkman, 435 U.S. 349, 354-55 , 98 S.Ct. 1099, 1103-04 , 55…
- Cherch, No. 2:26-cv-00421 (M.D. Ala. Aug. 13, 2026).Prosecutorial Immunity Secondly, the Eleventh Circuit has consistently held that “[p]rosecutors performing ‘prosecutorial functions’ receive absolute immunity and are therefore not subject to suit under 42 U.S.C § 1983.” Jackson v. Capraun…
- Downing v. Thompson, No. 5:24-cv-00277 (M.D. Ga. Dec. 18, 2024).“prosecutorial functions’ receive[s] absolute immunity and [is] therefore not subject to suit under 42 U.S.C. § 1983”
- Vishrut Amin v. Carla Pepperman, No. 23-14015 (11th Cir. July 10, 2024).unpublishedLong v. Satz, 181 F.3d 1275, 1278 (11th Cir. 1999).
- Aikens v. The State of Alabama (INMATE 1), No. 3:23-cv-00547 (M.D. Ala. Feb. 23, 2024).Additionally, the Eleventh Circuit has consistently held that “[p]rosecutors performing ‘prosecutorial functions’ receive absolute immunity and are therefore not subject to suit under 42 U.S.C § 1983.” Jackson v. Capraun, 534 F. App’x 854,…
- Darren L. Washington v. Sgt. Harris, 186 F. App'x 865 (11th Cir. 2006).unpublished
- Tajuddin Jarallah v. Mathew O. Simmons, 191 F. App'x 918 (11th Cir. 2006).unpublished
- A.P. v. Edward Feaver, 293 F. App'x 635 (11th Cir. 2008).unpublished
- Galindo v. Ari Mut. Ins. Co., 203 F.3d 771 (11th Cir. 2000).published
- Galindo v. Ari Mut. Ins. Co., 203 F.3d 771 (11th Cir. 2000).published
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- O'Halloran v. First Union Nat'l Bank of Florida, 350 F.3d 1197 (11th Cir. 2003).published
- Spanish Broad. Sys. of Florida, Inc. v. Clear Channel Commc'ns, Inc., 376 F.3d 1065 (11th Cir. 2004).published
- Stubbs v. Wyndham Nassau Resort & Crystal Palace Casino, 447 F.3d 1357 (11th Cir. 2006).published
- Rosenberg v. Gould, 554 F.3d 962 (11th Cir. 2009).published
- George Manning v. Judge Dan Vaughn, 460 F. App'x 872 (11th Cir. 2012).unpublished
- O'Halloran v. First Union Nat'l Bank of Florida, 350 F.3d 1197 (1st Cir. 2003).published
- Griffiths v. Blue Cross & Blue Shield of Alabama, 147 F. Supp. 2d 1203 (N.D. Ala. 2001).published
- Neville v. Classic Gardens, 141 F. Supp. 2d 1377 (S.D. Ga. 2001).published
- Connor v. Halifax Hosp. Med. Ctr., 135 F. Supp. 2d 1198 (M.D. Fla. 2001).published
- Mark D. Davis v. Gilbert Porterfield Self, 547 F. App'x 927 (11th Cir. 2013).unpublished
- Darrell L. Jackson v. Eric L. Capraun, 534 F. App'x 854 (11th Cir. 2013).unpublished
- Alfred Barr v. David Gee, Paul Fitts, 437 F. App'x 865 (11th Cir. 2011).unpublished
- Jillian Avena v. Imperial Salon & Spa, Inc., No. 17-14179 (11th Cir. July 3, 2018).unpublished
- Laura M. Watson v. Florida Jud. Qualifications Comm'n, No. 17-13940 (11th Cir. Aug. 15, 2018).unpublished
- Therian Cornelia Wimbush v. R.L. (Butch) Conway, No. 17-13047 (11th Cir. Apr. 11, 2019).unpublished
- Eric Watkins v. Broward Sheriff's Off., No. 17-14871 (11th Cir. May 2, 2019).unpublished
- David Thorpe v. Dexter Dumas, No. 19-10089 (11th Cir. Sept. 17, 2019).unpublished
- My24HourNews.com, Inc. v. AT&T Corp., 791 F. App'x 788 (11th Cir. 2019).unpublished
- Michael Robert Grant v. Sheriff of Okeechobee Cnty., No. 22-11820, 2023 WL 2416262 (11th Cir. Mar. 9, 2023).unpublished
At page 1280 Denying leave to amend complaint without abuse of discretion3 citing cases“We conclude that the district court did not abuse its discretion in denying plaintiff leave to amend her complaint. 4 See Burger King Corp. v.”
- Joe Marsh v. Butler Cnty., Alabama, 225 F.3d 1243 (11th Cir. 2000).published
- Joe Marsh, Leroy Owens v. Butler Cnty., Alabama, the Butler Cnty. Comm'n, 268 F.3d 1014 (11th Cir. 2001).published
- Equal Emp. Opportunity Comm'n v. Exel Inc., 259 F.R.D. 652 (N.D. Ga. 2008).published
v.
Michael SATZ, Individually and as State Attorney, for the Seventeenth Judicial Circuit, in and for Broward County, Florida, Ralph Ray, Robert Carney, Barbara Barton, Defendants-Appellees
Joanne Long, as guardian of John Gordon Purvis, challenges on this appeal the district court’s order granting defendants’ Fed.R.Civ.P. 12(b)(6) motion to dismiss. The district court concluded that the defendants were entitled to absolute immunity and that the complaint failed to state a[*1277] claim upon which relief can be granted. We affirm.
I. Facts
We take the facts from the complaint. In November 1983, Susan Hamwi was murdered in her home. As a result, her infant daughter, Shane Hamwi, was left unattended for several days, and she died from dehydration. During the course of the investigation,' it was learned that Paul Hamwi, the victim’s ex-husband, had a “motive for the murders,” (R.l-5 at 3), but the investigation focused on John Gordon Purvis, a neighbor of the victims. Purvis was a mentally disabled adult, diagnosed as a non-violent schizophrenic.
Purvis was charged with murder in the first degree and murder in the second degree as a result of the deaths of Susan and Shane Hamwi. He was convicted and was sentenced to life imprisonment in April 1985. He appealed.
In May of 1985, shortly after sentencing, and while Purvis’s direct appeal was pending, the State Attorney’s office (and all of the defendants named here) received information indicating that Robert Beckett, Sr., a close associate of the victim’s ex-husband, had committed the murders. Michael Satz, the State Attorney, and Barbara Barton, his investigator, conducted some additional investigation and learned that Robert Beckett, Jr.’s girlfriend had told Colorado authorities that Robert Beckett, Jr. had implicated his father in the murder of Susan Hamwi. Notwithstanding this information, Robert Carney, a prosecutor in the State Attorney’s office, instructed Barton to close the investigation. At that time, none of this exculpatory information was disclosed to Purvis, his guardian or his attorney.
Purvis remained imprisoned for approximately nine years. Ultimately this exculpatory information was discovered and a subsequent investigation established that Purvis was innocent. On joint motion of the State and Purvis, a circuit judge set aside Purvis’s conviction in 1993, and Pur-vis was freed. The actual murderers were then prosecuted and convicted.
II. Procedural Background
In November 1996, Joanne Long brought suit under 42 U.S.C. § 1983 on behalf of John Gordon Purvis, alleging that Michael J. Satz, individually and as State Attorney, Ralph Ray, Robert Carney, and Barbara Barton violated Purvis’s Brady [1] rights by not turning over exculpatory information.
The complaint alleges that Michael J. Satz was the State Attorney for the 17th Judicial Circuit in and for Broward County, Florida. Ralph Ray and Robert Carney were alleged to be Assistant State Attorneys. Barbara Barton was alleged to be an investigator for Satz.
In November 1996 the defendants filed a motion to dismiss grounded upon prosecu-torial immunity, failure to state a claim, and various other defenses. In response, plaintiff argued that the defendants’ failure to disclose the exculpatory evidence was independent of, and subsequent to, their prosecutorial function, and thus, they were not entitled to absolute immunity. [2] The plaintiffs memorandum included a request for leave to amend should the court be inclined to dismiss. The memorandum stated: “Recent discovery responses obtained by Plaintiffs clearly illustrate the end of the prosecutorial efforts by Defendants, and should the Court be inclined to[*1278] dismiss the case on the basis of absolute, immunity, Plaintiffs would, respectfully request that leave to amend b[e] granted so that additional facts now available to Plaintiffs may be alleged demonstrating that the functional analysis to be employed does not support a grant of absolute immunity under the facts of this case.” (R.-17 at 8 (emphasis added).)
In March 1998, the court dismissed the complaint, concluding that the defendants were entitled to absolute immunity by virtue of having been engaged in the prosecu-torial function. The court’s order stated:
Plaintiff asserts, in her opposition to the motion to dismiss, that she has informa- . tion that the defendants were serving in an investigative, non-prosecutorial capacity when they received the exculpatory information. However, no such information is to be found in the complaint. Plaintiff has not attempted to amend the complaint to incorporate such highly relevant information, nor does she divulge the substance of the promised information in the opposition itself. In her opposition memorandum, plaintiff conclu-sorily alleges that the defendants were no longer engaged in prosecutorial functions, and that they had no “direct involvement” with the pending appeal.
The plaintiff ... has had ample time to either amend or seek leave to amend her pleadings. The court will not now invite the plaintiff to submit another complaint, thereby forcing the defendants to litigate a second- motion to dismiss. Based upon the Amended Complaint, defendants’ motion to dismiss and plaintiffs opposition, it is the finding of the court that the prosecutors are entitled to absolute immunity for their actions.
(R.-25 at 4-5.) This appeal followed.
III. Contentions of the Parties
The plaintiff contends that the district court erred in dismissing her complaint based on its conclusion that the defendants were entitled to absolute immunity. Specifically, the plaintiff argues that the complaint sets forth that the defendants were acting in an investigative or administrative function, as opposed to a prosecutorial function, and therefore‘not entitled to absolute immunity. The defendants, however, contend that the district court properly dismissed the complaint because the complaint shows that they were acting within their prosecutorial function. [3] In the alternative, the plaintiff argues that the district court abused its discretion by dismissing the complaint without granting leave to amend.
TV. Standard of Review
We review de novo, the district court’s order granting the defendants’ motion to dismiss for failure to state a claim. See McKusick v. City of Melbourne, 96 F.3d 478, 482 (11th Cir.1996). For the purpose of determining whether the defendants are entitled to absolute immunity, we accept as true the allegations of the complaint, together with any reasonable inferences that may be drawn therefrom. See Marrero v. City of Hialeah, 625 F.2d 499, 502 (5th Cir.1980).
We review “[a] district court’s decision to grant or deny leave to amend ... for abuse of discretion.” Forbus v. Sears Roebuck & Co., 30 F.3d 1402, 1404 (11th Cir.1994).
V. Discussion
A. Prosecutorial Immunity
Prosecutors performing “prose-cutorial functions” receive absolute immunity and are therefore not subject to suit under 42 U.S.C. § 1983: See Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47[*1279] L.Ed.2d 128 (1976). Prosecutorial immunity may be asserted by a Rule 12(b)(6) motion, in which we ask if the allegations of the complaint disclose activities protected by absolute immunity. See Marx v. Gumbinner, 855 F.2d 783, 789 (11th Cir.1988). In this case, we ask whether the complaint alleges that defendants were performing “prosecutorial functions” when they learned of this exculpatory evidence. If the answer is yes, the defendants are immune from suit.
The complaint alleges that the defendants (other than Barton) were “State Attorneys.” The complaint explicitly alleges that the defendant Michael Satz was the State Attorney for the 17th Judicial District in Broward County, Florida, and that “at all times material hereto was an individual authorized to and in fact conducting the activities of the State Attorney in Bro-ward County, Florida” pursuant to the Florida Constitution and Florida statutes. (R.-5 at 1-2.) The complaint describes the defendant Ralph Ray as one who at all material times served as Assistant State Attorney; the defendant Robert Carney is similarly described as an Assistant State Attorney. (R.-5 at 2.) The information alleged to be exculpatory is said to be information that “became known to the State Attorney’s office.” (R.-5 at 4.) No facts alleged in the complaint show that the defendants (other than Barton) acted in a role other than that of prosecutors.
The district court concluded that “[t]he task of evaluating the credibility of the alleged exculpatory information, and of determining its bearing on the trial and the prosecutor’s decision whether to confess error and agree to have the verdict set aside, no doubt requires the exercise of prosecutorial discretion.” (R.-25 at 4.) We agree. We conclude that the district court did not err in granting the motion to dismiss based upon absolute prosecutorial immunity. ‘
B. Amended Complaint
The plaintiff contends that the district court abused its discretion by failing to allow her to amend the complaint prior to dismissing the action. Federal Rule of Civil Procedure 15(a) provides that “leave [to amend] shall be freely given when justice so requires.” The rule as applied in this circuit is “[w]here a more carefully drafted complaint might state a claim, a plaintiff must be given at least one chance to amend the complaint before the district court dismisses the action with prejudice.” Bank v. Pitt, 928 F.2d 1108, 1112 (11th Cir.1991). However, we consider whether the plaintiffs argument is foreclosed by her failure to properly request leave to amend.
Filing a motion is the proper method to request leave to amend a complaint. Federal Rule of Civil Procedure 7(b)(1) provides that “[a]n application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.” (emphasis added). A motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment. See Wisdom v. First Midwest Bank, 167 F.3d 402, 409 (8th Cir.1999) (“[P]arties should not be allowed to amend their complaint without showing how the complaint could be amended to save the meritless claim.”) In this case, the plaintiff did not file a motion for leave to amend. The request for leave to amend was included in the memorandum she filed in opposition to the motion to dismiss. Furthermore, she failed to attach the amendment or set forth the substance of the proposed amendment. See Wisdom, 167 F-.3d at 409. The plaintiff had ample time to file a motion for leave to amend but failed to do so. Failure to properly request leave to amend, when she had adequate opportunity and time to do so, precludes the plaintiffs argument on appeal that the district court abused its discretion by denying her leave[*1280] to amend her complaint. We conclude that the district court did not abuse its discretion in denying plaintiff leave to amend her complaint. [4] See Burger King Corp. v. Weaver, 169 F.3d 1310, 1318 (11th Cir.1999) (“[A] trial court is not required sua sponte to grant leave to amend prior to making its decision.”); Bankers Ins. v. Florida Residential Prop. & Cas. Joint Underwriting, 137 F.3d 1293, 1295 n. 3 (11th Cir.1998) (“The district court did not abuse its discretion in not sua sponte inviting Bankers to amend.”); Wolgin v. Simon, 722 F.2d 389, 395 (8th Cir.1983) (holding that “to preserve the right to amend a complaint a party must submit a proposed amendment along with its motion.”)
VI. Conclusion
Based on the foregoing, we conclude that the district court properly concluded that the defendants are entitled to absolute immunity. [5] We also conclude that the district court did not abuse its discretion for denying plaintiff leave to amend her complaint.
AFFIRMED.
. See Brady v. State of Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).
. The plaintiffs memorandum conceded that the complaint failed to state a claim against the investigator, Barton, on the authority of McMillian v. Johnson, 88 F.3d 1554, 1567, modified on reh'g, 101 F.3d 1363 (11th Cir.1996). McMillian notes that investigators satisfy their obligations under Brady when they turn exculpatory information over to the prosecutor. Notwithstanding the plaintiff's concession in the district court, the plaintiff named Barton in the notice of appeal. Any error as to Barton was therefore invited, and we affirm as to Barton without further discussion. See 11th Cir. Rule 36-1.
. The defendants also contend that this suit is barred by the 11th Amendment and that they are entitled to qualified immunity; we reject the 11th Amendment argument, and do not reach the question of qualified immunity.
. The defendants also contend that the district court did not abuse its discretion because any amendment would have been futile. We need not address this question.
. The complaint does not suggest what entity Michael Satz represents. At oral argument, the plaintiff's attorney suggested that the entity was the State Attorney's office. However, the plaintiff cites to no authority for the proposition that the State Attorney's office is an entity that may be sued. We therefore assume that only individuals are properly named as defendants in this case.