Long Ex Rel. Purvis v. Satz, 181 F.3d 1275 (11th Cir. 1999). · Go Syfert
Long Ex Rel. Purvis v. Satz, 181 F.3d 1275 (11th Cir. 1999). Cases Citing This Book View Copy Cite
291 citation events (285 in the last 25 years) across 28 distinct courts.
Strongest positive: Daniel v. Sanofi S.A. (alnd, 2024-04-08)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Daniel v. Sanofi S.A. (2×) also: Cited "see, e.g."
N.D. Ala. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.
discussed Cited as authority (verbatim quote) Shepard v. Sanofi US Services Inc.
N.D. Ala. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.
discussed Cited as authority (verbatim quote) Chestnut v. Williams
M.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence high
a motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.
discussed Cited as authority (verbatim quote) Sullivan v. Prattville Health and Rehabilitation, LLC (MAG+)
M.D. Ala. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
a motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.
examined Cited as authority (verbatim quote) WRIGHT v. WARD
M.D. Ga. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
failure to properly request leave to amend, when had adequate opportunity and time to do so, precludes the plaintiff's argument on appeal that the district court abused its discretion in denying leave to amend complaint.
examined Cited as authority (verbatim quote) Tabitha Baker v. Oksana Sepich
11th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence high
filing a motion is the proper method to request leave to amend a complaint. . . . motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amend- ment.
discussed Cited as authority (verbatim quote) WorldSpan Marine Inc. v. Comerica Bank
11th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
filing a motion is the proper method to request leave to amend a com- plaint.
discussed Cited as authority (verbatim quote) Orange v. Prescott
M.D. Fla. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
a motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.
examined Cited as authority (verbatim quote) Furr v. TD Bank, N.A. (In re Rollaguard Security, LLC)
Bankr. S.D. Florida · 2017 · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Weissman v. NATIONAL ASS'N OF SECURITIES DEALERS (3×) also: Cited as authority (rule), Cited "see, e.g."
11th Cir. · 2007 · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (verbatim quote) Weissman v. National Ass'n of Securities Dealers, Inc. (3×) also: Cited as authority (rule), Cited "see, e.g."
11th Cir. · 2007 · quote attribution · 1 verbatim quote · confidence high
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.
examined Cited as authority (quoted) John Day v. Varun Datta, et al.
S.D. Fla. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
failure to properly request leave to amend, when 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 complaint.
discussed Cited as authority (quoted) CARTER v. PHELPS
M.D. Ga. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.
discussed Cited as authority (rule) Kendra Denise Ward v. Harbor Freight Tools USA, Inc.
M.D. Ga. · 2026 · confidence medium
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. 1999); Fey v. US Bank, N.A., 733 F. App’x 1002 , 1003 (11th Cir. 2018) (per curiam).
cited Cited as authority (rule) Dawgs & Dingoes, LLC v. The City of Pooler, Georgia
S.D. Ga. · 2026 · confidence medium
“A motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999).
discussed Cited as authority (rule) Thomas Cabral, Richard Nelson Carter, Jr., and Michael Angelo Ponziano v. City of Fort Myers, Florida
M.D. Fla. · 2026 · confidence medium
Equally preclusive, Plaintiffs “failed to attach the amendment or set forth the substance of the proposed amendment.” 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 imbedded within an opposition memorandum, the issue has not been raised properly.”).
discussed Cited as authority (rule) Anna Hammond v. Western Express, Inc. and Ewart Anderson Bollers
M.D. Fla. · 2025 · confidence medium
In addition to these deficiencies under the Local Rules, the request in the Response also fails to satisfy the requirement that “[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also McGinley v. Fla. Dep’t of Highway Safety and Motor Vehicles, 438 F. App’x 754, 757 (11th Cir. 2011) (affirming denial of leave to amend where plaintiff did not set forth the substance of the proposed amendment); U.S. ex rel.
discussed Cited as authority (rule) William G. Merryman v. Town of Orange Park, et al.
M.D. Fla. · 2025 · confidence medium
In addition to these deficiencies under the Local Rules, the requests in the responses also fail to satisfy the requirement that “[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also McGinley v. Fla. Dep’t of Highway Safety and Motor Vehicles, 438 F. App’x 754, 757 (11th Cir. 2011) (affirming denial of leave to amend where plaintiff did not set forth the substance of the proposed amendment); U.S. ex rel.
discussed Cited as authority (rule) Doe v. Choice Hotels International. Inc.
M.D. Fla. · 2025 · confidence medium
In addition to these deficiencies under the Local Rules, the request in the Response also fails to satisfy the requirement that “[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also McGinley v. Fla. Dep’t of Highway Safety and Motor Vehicles, 438 F. App’x 754, 757 (11th Cir. 2011) (affirming denial of leave to amend where plaintiff did not set forth the substance of the proposed amendment); U.S. ex rel.
discussed Cited as authority (rule) Meyers v. R.J. Reynolds Tobacco Company
M.D. Fla. · 2025 · confidence medium
In addition to these deficiencies under the Local Rules, the request in the Response also fails to satisfy the requirement that “[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also McGinley v. Fla. Dep’t of Highway Safety and Motor Vehicles, 438 F. App’x 754, 757 (11th Cir. 2011) (affirming denial of leave to amend where plaintiff did not set forth the substance of the proposed amendment); U.S. ex rel.
discussed Cited as authority (rule) Benessere Investment Group, LLC v. Swider
S.D. Fla. · 2025 · confidence medium
As the Eleventh Circuit has repeatedly held, a request for leave to amend (1) must be made by “filing a motion” and (2) must “either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also S.D.
discussed Cited as authority (rule) Juravin v. Jones
M.D. Fla. · 2025 · confidence medium
Plaintiff’s request is also due to be denied because it does not comply with Middle District of Florida Local Rules 3.01(a) and 3.01(g) and fails to satisfy the requirement that a “motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999).
discussed Cited as authority (rule) United States v. Gamechange Solar Corporation
M.D. Fla. · 2025 · confidence medium
In addition to these deficiencies under the Local Rules, the request in the Response also fails to satisfy the requirement that “[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also McGinley v. Fla. Dep’t of Highway Safety and Motor Vehicles, 438 F. App’x 754, 757 (11th Cir. 2011) (affirming denial of leave to amend where plaintiff did not set forth the substance of the proposed amendment); U.S. ex rel.
discussed Cited as authority (rule) Lewis v. Waters
M.D. Fla. · 2025 · confidence medium
In addition to these deficiencies under the Local Rules, the request in the Response also fails to satisfy the requirement that “[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also McGinley v. Fla. Dep’t of Highway Safety and Motor Vehicles, 438 F. App’x 754, 757 (11th Cir. 2011) (affirming denial of leave to amend where plaintiff did not set forth the substance of the proposed amendment); U.S. ex rel.
discussed Cited as authority (rule) Grimaldi Deep Sea S.P.A. v. SSA Atlantic, LLC
M.D. Fla. · 2025 · confidence medium
In addition to these deficiencies under the Local Rules, the request in the Response also fails to satisfy the requirement that “[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also McGinley v. Fla. Dep’t of Highway Safety and Motor Vehicles, 438 F. App’x 754, 757 (11th Cir. 2011) (affirming denial of leave to amend where plaintiff did not set forth the substance of the proposed amendment); U.S. ex rel.
discussed Cited as authority (rule) Davis v. The City of Selma, Alabama
S.D. Ala. · 2025 · confidence medium
“A motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999) (per curiam).
discussed Cited as authority (rule) Rokit World, Inc. v. Williams Grand Prix Engineering Limited
M.D. Fla. · 2025 · confidence medium
In addition to these deficiencies under the Local Rules, the request in the Response also fails to satisfy the requirement that “[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also McGinley v. Fla. Dep’t of Highway Safety and Motor Vehicles, 438 F. App’x 754, 757 (11th Cir. 2011) (affirming denial of leave to amend where plaintiff did not set forth the substance of the proposed amendment); United States ex. rel.
discussed Cited as authority (rule) Mikell v. DeJoy
S.D. Ga. · 2025 · confidence medium
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 imbedded within an opposition memorandum, the issue has not been raised properly.” (internal citation and quotation omitted)).
cited Cited as authority (rule) Agan v. Farrie
S.D. Ga. · 2025 · confidence medium
“A motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999).
discussed Cited as authority (rule) DOWNING v. THOMPSON
M.D. Ga. · 2024 · confidence medium
The Court construes this count as a claim for malicious prosecution based solely on Howard’s arguments before the grand jury.2 However, Howard, acting within her “’prosecutorial functions’ receive[s] absolute immunity and [is] therefore not subject to suit under 42 U.S.C. § 1983 .” Long v. Satz, 181 F.3d 1275, 1278 (11th Cir. 1999).
discussed Cited as authority (rule) Stahle v. Commissioner of the Social Security Administration
M.D. Fla. · 2024 · confidence medium
In addition to these deficiencies under the Local Rules, the request in the Response also fails to satisfy the requirement that “[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also McGinley v. Fla. Dep’t of Highway Safety and Motor Vehicles, 438 F. App’x 754, 757 (11th Cir. 2011) (affirming denial of leave to amend where plaintiff did not set forth the substance of the proposed amendment); United States ex. rel.
discussed Cited as authority (rule) Doe v. ESA P Portfolio LLC
N.D. Ga. · 2024 · confidence medium
The Eleventh Circuit has explained that “[f]iling a motion is the proper method to request leave to amend,” and that a motion for leave to amend “should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999).
discussed Cited as authority (rule) VAN NESS v. COUNTRYMAN
M.D. Ga. · 2024 · confidence medium
Preliminary Screening of Plaintiff’s Newly Asserted Claims “A motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999).
discussed Cited as authority (rule) Telematica Lefic, S.A. De C.V. v. Socorro Marin
M.D. Fla. · 2024 · confidence medium
In addition to these deficiencies under the Local Rules, the request in the Response also fails to satisfy the requirement that “[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also McGinley v. Fla. Dep’t of Highway Safety and Motor Vehicles, 438 F. App’x 754, 757 (11th Cir. 2011) (affirming denial of leave to amend where plaintiff did not set forth the substance of the proposed amendment); United States ex. rel.
cited Cited as authority (rule) Lowry v. Hwaseung Automotive USA, LLC
M.D. Ala. · 2024 · confidence medium
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.”).
cited Cited as authority (rule) Vishrut Amin v. Carla Pepperman
11th Cir. · 2024 · confidence medium
Long v. Satz, 181 F.3d 1275, 1278 (11th Cir. 1999).
discussed Cited as authority (rule) Gainsburg v. The Florida Bar
S.D. Fla. · 2024 · confidence medium
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 accepted as true, indisputably establishes the factual foundation of the defense.” (first citing Rivera, 359 F.3d at 1350 ; and then citing Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999))).
discussed Cited as authority (rule) Moore v. Williams
M.D. Fla. · 2024 · confidence medium
In addition to these deficiencies under the Local Rules, the request in the Response also fails to satisfy the requirement that “[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also McGinley v. Fla. Dep’t of Highway Safety and Motor Vehicles, 438 F. App’x 754, 757 (11th Cir. 2011) (affirming denial of leave to amend where plaintiff did not set forth the substance of the proposed amendment); United States ex. rel.
discussed Cited as authority (rule) Chapman v. Wyeth Pharmaceuticals, LLC
M.D. Fla. · 2024 · confidence medium
In addition to these deficiencies under the Local Rules, the request in the Response also fails to satisfy the requirement that “[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also McGinley v. Fla. Dep’t of Highway Safety and Motor Vehicles, 438 F. App’x 754, 757 (11th Cir. 2011) (affirming denial of leave to amend where plaintiff did not set forth the substance of the proposed amendment); United States ex. rel.
cited Cited as authority (rule) Burton W. Wiand v. ATC Brokers Ltd.
11th Cir. · 2024 · confidence medium
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)) (internal quotation marks omitted).
discussed Cited as authority (rule) Worth Johnson v. Protective Life Insurance Company (2×) also: Cited "see"
11th Cir. · 2024 · confidence medium
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)).
discussed Cited as authority (rule) Aikens v. The State of Alabama (INMATE 1)
M.D. Ala. · 2024 · confidence medium
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, 859 (11th Cir. 2013) (citing Long v. Satz, 181 F.3d 1275, 1278 (11th Cir. 1999)).
discussed Cited as authority (rule) Shelor v. Tata Motors Group (2×)
M.D. Fla. · 2024 · confidence medium
Ctr., Inc., 600 F. App’x 657, 665 (11th Cir. 2015) (citing Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999)); see also Newton v. Duke Energy Fla., LLC, 895 F.3d 1270, 1277 (11th Cir. 2018) (“When moving the district court for leave to amend its complaint, the plaintiff must ‘set forth the substance of the proposed amendment or attach a copy of the proposed amendment’ to its motion.” (quoting Cita Tr.
discussed Cited as authority (rule) Smith v. Allied First Bank, SB d/b/a Servbank
M.D. Fla. · 2024 · confidence medium
In addition to these deficiencies under the Local Rules, the request in the Response also fails to satisfy the requirement that “[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also McGinley v. Fla. Dep’t of Highway Safety and Motor Vehicles, 438 F. App’x 754, 757 (11th Cir. 2011) (affirming denial of leave to amend where plaintiff did not set forth the substance of the proposed amendment); United States ex. rel.
discussed Cited as authority (rule) Hammond DDGAS LLC v. Auto Owners Insurance Company (2×)
M.D. Fla. · 2023 · confidence medium
Ctr., Inc., 600 F. App’x 657, 665 (11th Cir. 2015) (citing Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999)); see also Newton v. Duke Energy Fla., LLC, 895 F.3d 1270, 1277 (11th Cir. 2018) (“When moving the district court for leave to amend its complaint, the plaintiff must ‘set forth the substance of the proposed amendment or attach a copy of the proposed amendment’ to its motion.” (quoting Cita Tr.
discussed Cited as authority (rule) Rothenberg v. Knight Swift Transportation
M.D. Fla. · 2023 · confidence medium
In addition to this deficiency, the request in the Swift Response also fails to satisfy the requirement that “[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also McGinley v. Fla. Dep’t of Highway Safety & Motor Vehicles, 438 F. App’x 754, 757 (11th Cir. 2011) (affirming denial of leave to amend where plaintiff did not set forth the substance of the proposed amendment); United States ex rel.
cited Cited as authority (rule) Edible Arrangements, LLC v. Mboup
N.D. Ga. · 2023 · confidence medium
His “motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir.1999). 10
discussed Cited as authority (rule) Aqua Gulf Logistics, Inc. v. GlobalTranz Enterprises, LLC (2×)
M.D. Fla. · 2023 · confidence medium
Ctr., Inc., 600 F. App’x 657, 665 (11th Cir. 2015) (citing Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999)); see also Newton v. Duke Energy Fla., LLC, 895 F.3d 1270, 1277 (11th Cir. 2018) (“When moving the district court for leave to amend its complaint, the plaintiff must ‘set forth the substance of the proposed amendment or attach a copy of the proposed amendment’ to its motion.” (quoting Cita Tr.
discussed Cited as authority (rule) Medallia Inc. v. EchoSpan, Inc.
M.D. Fla. · 2023 · confidence medium
Second, even if it were proper to include this request in the Response, the request fails to satisfy the requirement that “[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also McGinley v. Fla. Dep’t of Highway Safety and Motor Vehicles, 438 F. App’x 754, 757 (11th Cir. 2011) (affirming denial of leave to amend where plaintiff did not set forth the substance of the proposed amendment); United States ex. rel.
discussed Cited as authority (rule) Medallia Inc. v. EchoSpan, Inc.
N.D. Ga. · 2023 · confidence medium
Second, even if it were proper to include this request in the Response, the request fails to satisfy the requirement that “[a] motion for leave to amend should either set forth the substance of the proposed amendment or attach a copy of the proposed amendment.” Long v. Satz, 181 F.3d 1275, 1279 (11th Cir. 1999); see also McGinley v. Fla. Dep’t of Highway Safety and Motor Vehicles, 438 F. App’x 754, 757 (11th Cir. 2011) (affirming denial of leave to amend where plaintiff did not set forth the substance of the proposed amendment); United States ex. rel.
Retrieving the full opinion text from the archive…
Joanne LONG, as Guardian of John Gordon Purvis, Incompetent, Plaintiff-Appellant,
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
98-4669.
Court of Appeals for the Eleventh Circuit.
Jul 22, 1999.
181 F.3d 1275
Joseph M. Loughren, Richard B. Doyle, Jr., Loughren & Doyle, P.A., Fort Lauder-dale, FL, for Plaintiff-Appellant., James E. Thompson, Robert M. Stoler, Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, FL, for Defendants-Appellees.
Cox, Barkett, Fay.
Cited by 1 opinion  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 77%
Citer courts: M.D. Georgia (1)
PER CURIAM:

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.

1

. See Brady v. State of Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).

2

. 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.

3

. 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.

4

. 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.

5

. 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.