KENNEY v. MONTGOMERY COUNTY et al

Filing 21

MEMORANDUM AND ORDER THAT THE PART OF THE MOTION TO DISMISS PLAINTIFF'S COMPLAINT BY DEFENDANTS MONTGOMERY COUNTY, CORRECTIONAL MEDICAL CARE, INC., RHINEHART AND IRVINE THAT SEEKS DISMISSAL OF PLAINTIFF'S SECTION 1983 CLAIM AGAINST CHRISTIN E IRVINE, R.N. IS GRANTED WITHOUT PREJUDICE TO PLAINTIFF'S RIGHT TO FILE AN AMENDED COMPLAINT WITH RESPECT TO THAT CLAIM WITHIN TWENTY (20) DAYS OF THE ENTRY OF THIS ORDER IF WARRANTED BY THE FACTS. THE MOTION IS DENIED IN ALL OTHER RESPECTS. THE 12(B)(6) MOTION TO DISMISS OF DEFENDANT, MARGARET CARRILLO, M.D. IS DENIED. SIGNED BY HONORABLE JAN E. DUBOIS ON 9/24/13. 9/25/13 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DOROTHY L. KENNEY, as
Administratrix of the Estate of Patricia
Ann Pollock,
Plaintiff,

CIVIL ACTION

v.

NO. 13-2590

MONTGOMERY COUNTY;
CORRECTIONAL MEDICAL CARE,
INC.; MARGARET CARRILLO, M.D.;
CHRISTINE IRVINE, R.N; MARY
RHINEHART, R.N.; NURSE JOHN/JANE
DOE 1; NURSE JOHN/JANE DOE 2;
NURSE JOHN/JANE DOE 3; and, NURSE
JOHN/JANE DOE 4,
Defendants.

ORDER
AND NOW, this 24th day of September, 2013, upon consideration of Motion to Dismiss
Plaintiff’s Complaint by Defendants Montgomery County, Correctional Medical Care, Inc.,
Rhinehart and Irvine (Document No. 12, filed June 11, 2013), 12(b)(6) Motion to Dismiss of
Defendant, Margaret Carrillo, M.D. (Document No. 13, filed June 17, 2013), Plaintiff’s
Consolidated Memorandum of Law in Opposition to Defendants’ Motion to Dismiss (Document
No. 17, filed July 1, 2013), for the reasons set forth in the attached Memorandum dated September
24, 2013, IT IS ORDERED as follows:
1.

The part of the Motion to Dismiss Plaintiff’s Complaint by Defendants

Montgomery County, Correctional Medical Care, Inc., Rhinehart and Irvine that seeks dismissal
of plaintiff’s § 1983 claim against Christine Irvine, R.N. is GRANTED WITHOUT
PREJUDICE to plaintiff’s right to file an amended complaint with respect to that claim within

twenty (20) days of the entry of this Order if warranted by the facts. The Motion is DENIED in
all other respects;1
2.

The 12(b)(6) Motion to Dismiss of Defendant, Margaret Carrillo, M.D. is

DENIED.

BY THE COURT:

/s/ Jan E. DuBois
DuBOIS, JAN E., J.

1

As set forth in the accompanying Memorandum, because Pollock was a pretrial detainee at the
time of the alleged misconduct, the Court evaluates her § 1983 claims of denial of medical
treatment under the Due Process Clause of the Fourteenth Amendment rather than under the
Eighth Amendment of the U.S. Constitution. See Compl. ¶¶ 106-07 (asserting § 1983 claims
under the Eighth and/or Fourteenth Amendments).
2