MCCLINTIC v. PENNSYLVANIA DEPT OF CORRECTIONS et al

Filing 47

ORDER THAT: THE MOTION TO DISMISS BY DR. MARTINEZ AND DR. BRATTON IS GRANTED. THE COMMONWEALTH DEFTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART, ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 11/12/13. 11/12/13 ENTERED AND COPIES MAILED TO PRO SE BY CHAMBERS AND E-MAILED.(fb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RYAN McCLINTIC
v.
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS, et al.

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CIVIL ACTION

NO. 12-6642

ORDER
AND NOW, this 12th day of November, 2013, upon
consideration of the motion to dismiss by Edgar Martinez, M.D.,
and Penelope Bratton, M.D. (Docket No. 15), and the motion to
dismiss by the Pennsylvania Department of Corrections (“DOC”)
and its employees (the “Commonwealth defendants”) (Docket No.
25); McClintic’s responses in opposition to those motions
(Docket Nos. 26 & 36); the reply in support of the doctors’
motion (Docket No. 27); McClintic’s sur-reply in response
(Docket No. 31); and telephone conferences held on the record
before the Court with McClintic and defendants’ counsel on
February 6, 2013, and February 27, 2013; for the reasons stated
in a memorandum opinion bearing today’s date, IT IS HEREBY
ORDERED that:
1.

The motion to dismiss by Dr. Martinez and Dr.

Bratton (Docket No. 15) is GRANTED, and all claims against Dr.
Martinez and Dr. Bratton are dismissed.

2.

The Commonwealth defendants’ motion to dismiss

(Docket No. 25) is GRANTED IN PART and DENIED IN PART, as
follows:
a.

McClintic’s claim against the Pennsylvania

DOC is dismissed as barred by sovereign immunity; accordingly,
the case is dismissed as to the Pennsylvania DOC.
b.

All claims against DOC Secretary Wetzel and

Corrections Officer Shwenk are dismissed as withdrawn, and the
case is dismissed as to defendants Wetzel and Shwenk.
c.

McClintic’s Due Process claim is dismissed;

accordingly, the case is dismissed as to defendant Mary Canino.
d.

McClintic’s ADA and Eighth Amendment claims

are dismissed; therefore the case is dismissed as to defendants
Michael Wenerowicz, Charles Fix, R. Grossman, Ms. Jagota, M.
Moriello, Donald Whitfield, and Lt. Boone.
e.

As to defendants Lt. Radle, Lt. Taylor,

Corrections Officer Ronald Quick, and Corrections Officer Fina,
all claims are dismissed except McClintic’s claim under the
Religious Land Use and Institutionalized Persons Act of 2000
(“RLUIPA”):
i.

The RLUIPA claim is dismissed to the

extent that it is brought against Radle, Taylor, Quick, and
Fina in their individual capacities, and to the extent that
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McClintic seeks any monetary damages or declaratory
judgment.
ii.

However, the RLUIPA claim remains open

to the extent that it is brought against Radle, Taylor,
Quick, and Fina in their official capacities, and to the
extent that McClintic seeks prospective, injunctive relief
for future violations of RLUIPA.

BY THE COURT:

/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.

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