What are the options for plaintiff to proceed on the Eighth Amendment claims?

At this point, plaintiff has two options: 1) he may proceed on the Eighth Amendment claims described above; or 2) attempt to cure the deficiencies with respect to some or all of his other claims in amended complaint. If plaintiff elects to amend, plaintiff is informed that the cannot refer to a prior pleading in order to make the amended complaint complete. Local Rule 220 requires that an amended complaint be complete in itself without reference to any prior pleading. This is because, as a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no longer serves any function in the case. Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged.

In deciding whether to file an amended complaint, plaintiff should consider the following: