“in general, an amended pleading . . . supersedes the earlier pleading and renders the original pleading a nullity”
How later courts described this case
- “in general, an amended pleading . . . supersedes the earlier pleading and renders the original pleading a nullity”
Written by the judges who cited it.
The opinion
_ IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ROBERT WINTON, Civil No. 3:20-cv-1479
Plaintiff (Judge Mariani)
Vv. FILED
SCRANTON
C.0. ADAMS, DEPUTY WARDEN 9 3 2022
WAGNER, C.O. BROWN, C.O. DUNLAP, : _ FEB
C.O. RISSLE, . .
Pate ER
Defendants ot DEPU
ORDER |
lb oe oe
AND NOW, this 2 dajy-efFebruary, 2022, upon consideration of Plaintiff's
proposed third amended complaint (Doc. 67-1), wherein he names, inter alia, the Snyder
County Prison as a Defendant in this action, and it appearing that this Defendant is not a
proper party in a federal civil rights action’, and the Court noting that leave to amend should
be liberally given “when justice so requires”, FED. R. Civ. P. 15(a)(2), and since, as a matter
of law, an amended complaint takes the place of any prior complaint, effectively invalidating
the prior complaint, see Palakovic v. Wetzel, 854 F.3d 209, 220 (3d Cir. 2017) (“in general,
an amended pleading . . . supersedes the earlier pleading and renders the original pleading
a nullity”), and any motion to dismiss challenging the prior complaint is now moot, see 6
' Section 1983 creates a cause of action against every “person” who under color of state law
deprives an individual of a right secured by the Constitution or federal statute. See 42 U.S.C. § 1983. Itis
well-settled that a prison or correctional facility is not a “person” within the meaning of § 1983. See Fischer
v. Cahill, 474 F.2d 991, 992 (3d Cir. 1973). As such, the Snyder County Prison will be dismissed as a
Defendant in this action.
Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice & Procedure §
1476 (2d ed. 1990) (“A pleading that has been amended . . . supersedes the pleading it
modifies. .. . Once an amended pleading is interposed, the original pleading no longer
performs any function in the case and any subsequent motion made by an opposing party
should be directed at the amended pleading’), IT IS HEREBY ORDERED THAT:
1. The motion (Doc. 67) for leave to file a third amended complaint is
GRANTED.
2. The proposed third amended complaint (Doc. 67-1) is accepted as filed and
this matter shall proceed on the third amended complaint.
3. The Snyder County Prison, Snyder County, and Lieutenant John Doe are
DISMISSED from this action. The Clerk of Court is directed to TERMINATE
the Snyder County Prison, Snyder County, and Lieutenant John Doe as
parties to this action.
4. In accordance with Federal Rule of Civil Procedure 4(c)(3), the Clerk of Court
is directed to SERVE a copy of the third amended complaint (Doc. 67-1),
notice of lawsuit and request to waive service of summons (form AO 398),
waiver of the service of summons (form AO 399), and this Order on
Defendants Deputy Warden Wagner and C.O. Dunlap. In the interests of
efficient administrative judicial economy, the Court requests that Defendants
waive service pursuant to Federal Rule of Civil Procedure 4(d).
5. If service is unable to be completed due to Plaintiff's failure to properly name
the Defendants, or provide an accurate mailing address for the Defendants,
| Plaintiff will be required to correct this deficiency. Failure to comply may
result in the dismissal of Plaintiffs claims against the Defendants pursuant to
Federal Rule of Civil Procedure 4(m).
6. Defendants shall FILE an answer to the third amended complaint (Doc. 67-1),
Or appropriate pretrial motion, in the manner set forth in the Federal Rules of .
Civil Procedure.
7. The pending motions (Docs. 45, 54) to dismiss the second amended
complaint are DISMISSED as moot.
KP
Lge bo yf 2
EO? (ih lid
Robert B-Mafiani
United States District Judge