ANDERS v. BUCKS COUNTY et al

Filing 27

MEMORANDUM AND ORDER THAT BUCKS COUNTY AND NURSE N. HITCHON MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART.TERRANCE MOORE AND COUNTY OF BUCKS MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. DAVID DAVIS MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 5/12/14. 5/14/14 ENTERED AND E-MAILED.(jl, ) Modified on 5/14/2014 (jl, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
VIRGINIA ANDERS
v.
BUCKS COUNTY, ET AL.

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CIVIL ACTION

NO. 13-5517

ORDER
AND NOW, this 12th day of May, 2014, upon consideration
of the motion to dismiss filed on behalf of defendants Bucks
County and Nurse N. Hitchon (Doc. No. 8), the motion to dismiss
filed by defendants County of Bucks and Terrance P. Moore (Doc.
No. 15), the motion to dismiss filed by defendant David Davis
(Doc. No. 18), and the oppositions and replies thereto, IT IS
HEREBY ORDERED, for the reasons stated in a memorandum of law
bearing today’s date, that the defendants’ motions are GRANTED IN
PART and DENIED IN PART as follows:
1.

The plaintiff’s claim under the Americans with

Disabilities Act in Count IV of the complaint is dismissed with
prejudice.
2.

To the extent the plaintiff’s claims against

defendant Davis are based on Davis’s discontinuance of medication
and blood sugar monitoring on July 11, 2011 and failure to
provide medication and monitoring prior to September 20, 2011,
those claims are dismissed with prejudice.
3.

The plaintiff’s claims for punitive damages

against defendants Moore and the County of Bucks are dismissed

with prejudice.
4.

The plaintiff’s claim for municipal liability in

Count V of the complaint is dismissed without prejudice.

The

plaintiff shall have 30 days from the date of this order to amend
the complaint with respect to the claim for municipal liability
in Count V.
5.

The defendants’ motions are otherwise denied.

BY THE COURT:
/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.

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