Scanlan v. Texas a&M University

• Decision Date: 19 August 2003
• Docket Number: No. 02-41204.,No. 02-41173.,No. 02-41244.,No. 02-41222.,No. 02-41166.,No. 02-41187.,02-41166.,02-41173.,02-41187.,02-41204.,02-41222.,02-41244.
• Citation: 343 F.3d 533
• Parties: Howard SCANLAN; Denise Scanlan; and Lauren Scanlan, Plaintiffs-Appellants, v. TEXAS A&M UNIVERSITY; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell Thompson, in his individual capacity, Ray Bowen, in his individual capacity; William L. Kibler, in his individual capacity; and John J. Koldus, III, in his individual capacity, Defendants-Appellees. Sean Breen, as Administrator of the Estate of Christopher Breen; Christopher Breen; John E. Breen; Marian K. Breen, Plaintiffs-Appellants, v. Texas A&M University; J. Malon Southerland, in his individual capacity; Russell Thompson, in his individual capacity; Ray Bowen, in his individual capacity; Defendants-Appellees. James Kimmel, as Representative of the Estate of Lucas Kimmel; James Kimmel; Walieta Kimmel, Plaintiffs-Appellants, v. Texas A&M University; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell J. Thompson, in his individual capacity; Ray Bowen, in his individual capacity; William L. Kibler, in his individual capacity; and John J. Koldus, III, in his individual capacity, Defendants-Appellees. Jacquelynn Kay Self, Individually and as Administratrix of the Estate of Jerry Don Self, Deceased; Kathy McClain Escamilla, Individually and as Administratrix of the Estate of Bryan A. McClain, Deceased; Phil R. McClain; Andrea Heard, Individually and as Administratrix of the Estate of Christopher Lee Heard, Deceased; Leslie G. Heard; Gregory Anthony Powell, Individually and as Administrator of the Estate of Chad D. Powell, Deceased; Beverly Jill Powell; Matthew Lynn Robbins; Dominic Braus; and Nancy Braus, Plaintiffs-Appellants, v. Texas A&M University; et al., Defendants; Texas A&M University; Ray Bowen; J. Malon Southerland; William L. Kibler; Russell W. Thompson; John J. Koldus, III; M.T. Hopgood, Jr., Major General; Donald J. Johnson; Zack Coapland; Kevin Jackson; James R. Reynolds; Robert Harry Stiteler, Jr.; and Michael David Krenz, Defendants-Appellees. John Andrew Comstock and Dixie Ann Zinneker, Plaintiffs-Appellants, v. Texas A&M University; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell Thompson, in his individual capacity; Ray Bowen, in his individual capacity, Defendants-Appellees. Bill Davis, Plaintiff-Appellant, v. Texas A&M University; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell Thompson, in his individual capacity; Ray Bowen, in his individual capacity; William L. Kibler, in his individual capacity; and John J. Koldus, III, in his individual capacity, Defendants-Appellees.
• Court: U.S. Court of Appeals — Fifth Circuit

Page 533

343 F.3d 533

Howard SCANLAN; Denise Scanlan; and Lauren Scanlan, Plaintiffs-Appellants, v. TEXAS A&M UNIVERSITY; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell Thompson, in his individual capacity, Ray Bowen, in his individual capacity; William L. Kibler, in his individual capacity; and John J. Koldus, III, in his individual capacity, Defendants-Appellees.

Sean Breen, as Administrator of the Estate of Christopher Breen; Christopher Breen; John E. Breen; Marian K. Breen, Plaintiffs-Appellants, v. Texas A&M University; J. Malon Southerland, in his individual capacity; Russell Thompson, in his individual capacity; Ray Bowen, in his individual capacity; Defendants-Appellees.

James Kimmel, as Representative of the Estate of Lucas Kimmel; James Kimmel; Walieta Kimmel, Plaintiffs-Appellants, v. Texas A&M University; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell J. Thompson, in his individual capacity; Ray Bowen, in his individual capacity; William L. Kibler, in his individual capacity; and John J. Koldus, III, in his individual capacity, Defendants-Appellees.

Jacquelynn Kay Self, Individually and as Administratrix of the Estate of Jerry Don Self, Deceased; Kathy McClain Escamilla, Individually and as Administratrix of the Estate of Bryan A. McClain, Deceased; Phil R. McClain; Andrea Heard, Individually and as Administratrix of the Estate of Christopher Lee Heard, Deceased; Leslie G. Heard; Gregory Anthony Powell, Individually and as Administrator of the Estate of Chad D. Powell, Deceased; Beverly Jill Powell; Matthew Lynn Robbins; Dominic Braus; and Nancy Braus, Plaintiffs-Appellants, v. Texas A&M University; et al., Defendants; Texas A&M University; Ray Bowen; J. Malon Southerland; William L. Kibler; Russell W. Thompson; John J. Koldus, III; M.T. Hopgood, Jr., Major General; Donald J. Johnson; Zack Coapland; Kevin Jackson; James R. Reynolds; Robert Harry Stiteler, Jr.; and Michael David Krenz, Defendants-Appellees.

John Andrew Comstock and Dixie Ann Zinneker, Plaintiffs-Appellants, v. Texas A&M University; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell Thompson, in his individual capacity; Ray Bowen, in his individual capacity, Defendants-Appellees.

Bill Davis, Plaintiff-Appellant, v. Texas A&M University; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell Thompson, in his individual capacity; Ray Bowen, in his individual capacity; William L. Kibler, in his individual capacity; and John J. Koldus, III, in his individual capacity, Defendants-Appellees.

No. 02-41166.

No. 02-41173.

No. 02-41187.

No. 02-41204.

No. 02-41222.

No. 02-41244.

United States Court of Appeals, Fifth Circuit.

Filed August 19, 2003.

Steven K. DeWolf, Todd R. Hixon, Bellinger & DeWolf, Dallas, TX, for Lauren Scanlan, Howard Scanlan, Denise Scanlan, Sean Breen, Christopher Breen, Marian K. Breen, James Kimmel, Walista Kimmel and Bill Davis.

James C. Todd, Asst. Atty. Gen., Austin, TX, for Defendants-Appellees.

Darrell L. Keith, Fort Worth, TX, Jeffrey H. Kobs, Law Office of Jeff Kobs, Fort Worth, TX, for Jacquelynn Kay Self, Kathy McClain Escamilla, Phillip McClain, Andrea Heard, Leslie G. Heard, Matthew Lynn Robbins, Dominic M.V. Braus and Nancy Braus.

Eugene Borchardt, McGartland & Borchardt, Fort Worth, TX, for Gregory Anthony Powell and Beverly Jill Powell.

Scott Joseph Scherr, Jay Davis Watson, Payne, Watson, Miller & Malecheck, Bryan, TX, for John Andrew Comstock and Dixie Ann Zinneker.

Appeals from the United States District Court for the Southern District of Texas.

Before WIENER, CLEMENT and PRADO, Circuit Judges.

PRADO, Circuit Judge.

The above numbered and styled appeals arise from six lawsuits filed in the Southern District of Texas by, and on behalf of, those injured and killed during the Texas A&M University bonfire disaster that occurred on November 18, 1999. The district court dismissed all of the plaintiffs' claims and entered a final judgment in each lawsuit. The plaintiffs appealed to challenge the dismissal orders. After considering the parties' arguments on appeal, this Court reverses the district court's judgments.

Background Facts

On November 18, 1999, the Texas A&M University bonfire stack collapsed, killing 12 students and injuring another 27. After the accident, the president of Texas A&M University (the University) convened a special commission to investigate the collapse. The investigating commission documented its findings and conclusions in the Final Report of the Special Commission on the 1999 Texas A&M Bonfire (Final Report). Subsequently, the appellants filed six lawsuits. In the lawsuits, the plaintiffs alleged section 1983 claims under the state-created danger theory and various state law claims against the University and various University officials (the University Officials) whom the plaintiffs hold responsible for their injuries.

From the outset, the district court limited discovery to the issue of qualified immunity. The district court allowed five weeks to conduct discovery on that issue and set the deadline for dispositive motions four weeks later. Eight weeks after the deadline for dispositive motions, the district court issued the orders challenged in these appeals, dismissing all of the plaintiffs' claims. The court issued the same order in each case.

The district court's orders were quite clear. The court first dismissed the plaintiffs' claims against the University as a state entity on Eleventh Amendment immunity grounds. No plaintiff appeals that action.

Next, the district court adopted the Final Report and determined the actions of the University Officials did not, as a matter of law, rise to the level of deliberate indifference. Based on that determination, the district court dismissed the plaintiffs' section 1983 claims against the University Officials for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Each plaintiff challenges that action.

The district court then declined to exercise supplemental jurisdiction over the plaintiffs' state law claims and dismissed those claims without prejudice. No plaintiff appeals that action.

The Plaintiffs' Issues on Appeal

The plaintiffs' issues on appeal can be summarized as follows: (1) Whether the district court erred by relying on documents outside the complaints to determine the plaintiffs failed to state a claim, and (2) whether the district court erred by dismissing the plaintiffs' claims against the University Officials for failure to state a claim. This Court reviews the district court's dismissal under Rule 12(b)(6) de novo, taking the allegations of the complaint to be true. See Vander Zee v. Reno, 73 F.3d 1365, 1368 (5th Cir.1996); Eason v. Holt, 73 F.3d 600, 601 (5th Cir.1996).

Rule 12(b)(6)

Rule 12(b)(6) authorizes dismissal of a complaint for "failure to state a claim upon which relief can be granted." FED.R.CIV. P. 12(b)(6). The district court can grant a motion to dismiss only if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief. See Leffall v. Dallas Indep. Sch. Dist., 28 F.3d 521, 524 (5th Cir.1994). Accordingly, this Court has consistently disfavored dismissal under Rule 12(b)(6). See Hall v. Thomas, 190 F.3d 693, 696 (5th Cir.1999); Mahone v. Addicks Utility Dist. of Harris County, 836 F.2d 921, 926 (5th Cir.1988). In determining whether to grant a motion to dismiss, the district court must not go outside the pleadings and must accept all well-pleaded facts as true, viewing those facts most favorably to the plaintiff. See Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974); Khurana v. Innovative Health Care Sys., Inc., 130 F.3d 143, 147 (5th Cir.1997); Capital Parks, Inc. v. Southeastern Adver. & Sales Sys., Inc. 30 F.3d 627, 629 (5th Cir.1994).

Although the district court may not go outside the complaint, this Court has recognized one limited exception. In Collins v. Morgan Stanley Dean Witter, 224 F.3d 496, 498-99 (5th Cir.2000), this Court approved the district court's consideration of documents attached to a motion to dismiss. In that case, the district court relied on an agreement and an assessment about a potential merger between two companies in determining the contract was not intended to benefit the plaintiffs/stock option holders. See Collins v. Morgan Stanley Dean Witter, 60 F.Supp.2d 614 (S.D.Tex.1999). The fact that the plaintiffs did not object to, or appeal, the district court's consideration of those documents was central to this Court's approval of that practice. See Collins, 224 F.3d at 498-99 (5th Cir.2000). In approving the district court's consideration of the documents attached to the motion to dismiss, this Court restricted such consideration to documents that are referred to in the plaintiff's complaint and are central to the plaintiff's claim. Id.

Whether the District Court Erred By Relying on the Final Report

The district court relied on Collins as its authority to consider the Final Report in dismissing the plaintiffs' claims. Like Collins, the plaintiffs in the instant case referred to the Final Report in their complaints. But unlike Collins, the University Officials did not attach the Final Report to their motion to dismiss. Instead, the University Officials quoted portions of the Final Report in their motions and provided an Internet cite. As a result, the district court had to seek out the report in order to consider it in making the factual determinations that served as the basis of the court's conclusion about deliberate indifference.

The University Officials maintain on appeal that because they provided the Internet citation for the report, and because the report is appropriate for judicial notice under Rule 201 of the Federal Rules of ...