United States District Court, N.D. Mississippi, Aberdeen Division
JAVONTE ELLIS, Individually; and STATE OF MISSISSIPPI ex rel. Javonte Ellis PLAINTIFFS
LOWNDES COUNTY; WILL SPANN; MIKE ARLEDGE; RON COOK; and OHIO CASUALTY INSURANCE COMPANY DEFENDANTS
MEMORANDUM OPINION AND ORDER
M. BROWN UNITED STATES DISTRICT JUDGE
civil rights action is before the Court on Ron Cook's two
motions to dismiss, Doc. #20, Doc. #33; and his motion for
sanctions, Doc. #35.
September 29, 2016, Javonte Ellis filed a complaint in this
Court naming as defendants Lowndes County, Will Spann (in his
official and individual capacities), Mike Arledge (in his
official and individual capacities), Ron Cook (in his
official and individual capacities), and Ohio Casualty
Insurance Company. Doc. #1. The complaint asserted state and
federal claims based on an alleged false arrest of Ellis.
with leave of the Court, answered the complaint on March 26,
2017. Doc. #16. Two months later, on May 26, 2017, Cook filed
a motion to dismiss or, alternatively, for judgment on the
pleadings. Doc. #20.
3, 2017, Ellis, with leave of the Court, filed an amended
complaint. Doc. #31. The amended complaint also asserts state
and federal claims against the same defendants based on
roughly the same allegations. One week later, on July 10,
2017, Cook filed: (1) an answer to the amended complaint,
Doc. #32; (2) a second motion to dismiss, or in the
alternative, for judgment on the pleadings, Doc. #33; and (3)
a motion for sanctions, Doc. #35. Ellis responded in
opposition to both motions. Doc. #43; Doc. #45. Cook did not
reply to either response.
to Dismiss Original Complaint
amended complaint supersedes [an] original complaint and
renders it of no legal effect unless the amended complaint
specifically refers to and adopts or incorporates by
reference the earlier pleading ….” King v.
Dogan, 31 F.3d 344, 346 (5th Cir. 1994). Accordingly,
when a motion to dismiss has been filed against a superseded
complaint, the proper course ordinarily is to deny the motion
to dismiss as moot. See, Reyna v. Deutsche Bank Nat'l
Tr. Co., 892 F.Supp.2d 829, 834 (W.D. Tex. 2012)
insofar as the amended complaint does not reference or
incorporate the original complaint, the latter has been
superseded by the former. Accordingly, the motion to dismiss
the original complaint, Doc. #20, will be denied as moot.
to Dismiss Amended Complaint
second motion to dismiss, Cook “moves the Court to
dismiss the Plaintiff's claims pursuant to Rule 12(b)(6),
or alternatively Rule 12(c), of the Federal Rules of ...