# Benne

> District Court, W.D. Oklahoma · July 14, 2026

URL: https://www.frixlaw.com/law-library/cases/11407407

## Case

- **Full name:** Kristin Benne, as next of kin and Personal Representative of the Estate of Christopher Kliewer, Deceased v. Oklahoma County Criminal Justice Authority; and Board of County Commissioners for Oklahoma County
- **Court:** District Court, W.D. Oklahoma
- **Decided:** July 14, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11407407

## Opinion text

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
KRISTIN BENNE, as next of kin and )
Personal Representative of the Estate of )
CHRISTOPHER KLIEWER, Deceased, )
)
Plaintiff, )
)
V. ) Case No. CIV-26-1401-D
)
OKLAHOMA COUNTY CRIMINAL )
JUSTICE AUTHORITY; and BOARD _ )
OF COUNTY COMMISSIONERS )
FOR OKLAHOMA COUNTY, )
)
Defendants. )
ORDER
Before the Court are Defendants’ Motions to Dismiss [Doc. Nos. 3, 5]. In response,
Plaintiff timely filed an Amended Complaint [Doc. No. 8], as authorized by Fed. R. Civ.
P. 15(a)(1)(B). Upon consideration, the Court finds that Defendants’ motions to dismiss,
directed at Plaintiffs original pleading, are moot. See Davis v. TXO Prod. Corp., 929 F.2d
1515, 1517 (10th Cir. 1991) (amended complaint supersedes the original); see also
Predator Int'l, Inc. v. Gamo Outdoor USA, Inc., 793 F.3d 1177, 1180-81 (10th Cir. 2015).
IT IS THEREFORE ORDERED that Defendants’ Motions to Dismiss [Doc.
Nos. 3, 5] are DENIED as MOOT. Defendants may resubmit motions to dismiss, if
appropriate, in response to the Amended Complaint [Doc. No. 8].
IT IS SO ORDERED this 14" day of July, 2026.

TIMOTHY D: DeGIUSTI
TINITED STATES DISTRICT TTIDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11407407. Public record. Not legal advice.