[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 22-11359 ____________________

CHARLES JOHNSON, JR., Plaintiff-Appellant, versus CITY OF ATLANTA, GARRETT ROLFE,

Defendants-Appellees.

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Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:21-cv-01977-JPB ____________________ USCA11 Case: 22-11359 Document: 52-1 Date Filed: 07/12/2024 Page: 2 of 24

2 Opinion of the Court 22-11359

Before BRANCH, GRANT, and ED CARNES, Circuit Judges. BRANCH, Circuit Judge: Charles Johnson, Jr., sued Officer Garrett Rolfe and the City of Atlanta bringing claims under 42 U.S.C. § 1983, Monell v. New York Department of Social Services, 1 and Georgia state law, for injuries he sustained when Rolfe arrested him on the side of an interstate highway for driving while intoxicated. This appeal requires us to determine whether the district court properly considered video evidence—which was not mentioned in Johnson’s complaint— showing Johnson refusing to comply with Rolfe’s instructions and resisting being placed in handcuffs when it granted Rolfe’s motion for judgment on the pleadings and the City’s motion to dismiss. After review and with the benefit of oral argument, we conclude that because the video evidence (1) shows the events central to Rolfe’s claims and (2) its authenticity is not challenged, the district court properly considered the videos under the incorporation-by- reference doctrine. And because the videos establish that Rolfe did not use excessive force and he did not intend to injure Johnson in arresting him, Rolfe is entitled to qualified immunity on Johnson’s federal claims and official immunity on his state law claims. Accordingly, after careful review and with the benefit of oral argument, we affirm the district court’s order.

1 436 U.S. 658 (1978). USCA11 Case: 22-11359 Document: 52-1 Date Filed: 07/12/2024 Page: 3 of 24

22-11359 Opinion of the Court 3

I. Background A. Allegations in the Complaint Johnson filed suit in the United States District Court for the Northern District of Georgia. His bare-boned complaint alleged the following. “On or about May 22, 2020, [Johnson] was driving a vehicle while intoxicated” when Rolfe pulled him over. Johnson behaved in a respectful manner, did not raise his voice, never used any force against Rolfe, and did not otherwise provide Rolfe “with a legal basis to use force against him.” However, because Johnson “did not comply with . . . Rolfe’s command as quickly as [Rolfe] would have liked, [Rolfe] grabbed him and after[ward] threw [Johnson] to the ground, thoroughly breaking [Johnson’s] collar bone” which required two surgeries to repair. Rolfe had a “history” of citizen complaints, including for shooting and killing a man. Johnson alleged that the City was responsible for Rolfe’s alleged use of excessive force against him because it “encouraged, tolerated, ratified” and was deliberately indi