Pfister et al v. Macomb, County of et al

Filing 39

JUDGMENT in favor of Defendants Signed by District Judge Patrick J Duggan. (MOre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION THE ESTATE OF RICHARD DONALD PFISTER, JR., Plaintiff, v. COUNTY OF MACOMB, MARK HACKEL, CORRECTIONAL MEDICAL SERVICES, BEVERLY PUCHOVEN, JAMES HARRIS, CHRISTOPHER COSTANZA, DAVID WHITE, MARIA BALSAMA, SCOTT JONES, SGT. PATRICK JOHNSON, NURSE ANGELA VETTRAINO, NURSE KATHY HAWKINS, Defendants. ____________________________/ JUDGMENT This is a wrongful death action arising out of the death of Richard Donald Pfister, Jr. ("Mr. Pfister") during his incarceration at the Macomb County Jail. Mr. Pfister's estate has brought claims pursuant to 42 U.S.C. § 1983 alleging that the individual Defendants were deliberately indifferent to Mr. Pfister's medical needs in violation of the Eighth Amendment and that Macomb County and/or CMS maintained a policy or custom that caused the Eighth Amendment violation. Macomb County and its employees named as defendants previously filed a motion for summary judgment, which this Court granted in an opinion and order entered on October 30, 2009. In an opinion and order issued on this date, the Court granted a motion for summary judgment filed by CMS and its Case No. 09-10981 Honorable Patrick J. Duggan

employees named as defendants. Accordingly, IT IS ORDERED, ADJUDGED, AND DECREED, that Plaintiff's Complaint is DISMISSED WITH PREJUDICE. DATE: January 19, 2010 _____________________________ s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE

Copies to: Daniel G. Romano, Esq. Brian Richtarcik, Esq. Jami E. Leach, Esq.