Aidan A. Smith v. Michael Hogan
Court of Appeals for the Second Circuit
1Opinion of the Court
BARRINGTON D. PARKER, Circuit Judge:
BACKGROUND
Plaintiff-appellant Aidan A. Smith appeals from a judgment of the United States District Court for the District of Connecticut (Arterton, J.) dismissing his complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. Because we conclude that an affidavit attached as an exhibit to a complaint is not a “written instrument” that is deemed part of the complaint pursuant to Rule 10(c), we affirm the district court’s dismissal of Smith’s wrongful termination claims brought under the Americans with Disabilities Act and the…
2Cases cited17 opinions
- Ben Gary Triestman v. Federal Bureau of Prisons, United States of AmericaCourt of Appeals for the Second Circuit · 2006
- Reno v. FloresSupreme Court of the United States · 1993
- Palko v. ConnecticutSupreme Court of the United States · 1937
- Ruotolo v. City of New YorkCourt of Appeals for the Second Circuit · 2008
- International Audiotext Network, Inc. v. American Telephone and Telegraph CompanyCourt of Appeals for the Second Circuit · 1995
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