Farmer v. City of Greenwood, Mississippi
ORDER finding as moot 40 Motion for Judgment on the Pleadings. Signed by District Judge Debra M. Brown on 11/18/22. (jla)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ASHLEY BROCK FARMER
COMMISSION, d/b/a Greenwood
Convention and Visitors Bureau;
and CITY OF GREENWOOD,
On May 5, 2022, Ashley Brock Farmer, with leave of the Court, 1 filed a second amended
complaint against Greenwood Tourism Commission and City of Greenwood, Mississippi, alleging
claims of race discrimination arising from her employment. Doc. #30. After answering the second
amended complaint,2 the City filed a motion for judgment on the pleadings, asserting that it is not
the proper defendant, it “would not be considered … Farmer’s employer” under Title VII, and
Farmer “failed to adequately plead municipal liability … under § 1983.” Doc. #40. Again with
leave of the Court,3 Farmer filed a third amended complaint against the same defendants on
September 16, 2022. Doc. #77.
As a general rule, “[a]n amended complaint supersedes the 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). Because the
third amended complaint does not incorporate the earlier pleadings and because the City has filed
a motion for judgment on the pleadings specifically addressing the third amended complaint, the
motion for judgment on the pleadings addressing the second amended complaint  is DENIED
SO ORDERED, this 18th day of November, 2022.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE
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