TAGHAVIDINANI v. RIVERVIEW PSYCHIATRIC CENTER et al

Filing 13

ORDER granting in part and denying in part 4 Motion to Dismiss for Failure to State a Claim By JUDGE JON D. LEVY. (akr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JENNIFER TAGHAVIDINANI,
Plaintiff,
v.
RIVERVIEW PSYCHIATRIC
CENTER, et al.,
Defendants.

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1:16-cv-00208-JDL

ORDER ON DEFENDANTS’ MOTION TO DISMISS
Jennifer Taghavidinani brings a variety of claims against Riverview
Psychiatric Center and Jay Harper, the acting Superintendent of Riverview, arising
out of her employment. Both defendants have filed a Motion to Dismiss, ECF No. 4,
and Taghavidinani does not object to the motion except as it relates to Count Five,
see ECF No. 9 at 1-2.
Accordingly, it is ORDERED that the Motion to Dismiss (ECF No. 4) is
GRANTED IN PART as follows:
1. Counts One, Two, Three, and Four are dismissed as against Defendant
Harper.
2. Count Three is dismissed to the extent that it states a claim arising under
the Americans with Disabilities Act, 42 U.S.C.A. § 12101 et seq. (2016), against
Defendant Riverview Psychiatric Center.

Regarding Count Five, the Court construes Count Five as stating a claim only
against Harper, individually, and not against Riverview Psychiatric Center.
Accordingly, the Motion to Dismiss is DENIED as to Count Five.

SO ORDERED.
Dated this 29th day of June, 2016.
/s/ Jon D. Levy
U.S. DISTRICT JUDGE

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