CLOYD v. DELAWARE COUNTY et al

Filing 23

ORDER THAT THE MOTION TO DISMISS DEFTS. DELAWARE COUNTY AND COMMUNITY EDUCATION CENTERS (CEC) (ECF 13) IS GRANTED; MOTION OF DEFTS. DR. RONALD PHILLIPS, HOLLY CRAIG, CRNP AND KELLY MULLAN, PA-C TO DISMISS PLFF'S AMENDED COMPLAINT (ECF 14) IS GRANTED.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 3/23/15. 3/24/15 ENTERED AND COPIES E-MAILED TO COUNSEL, 1 COPY TO LEGAL BIN. (pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WILLIAM CLOYD
CIVIL ACTION
v.
NO. 14-4833
DELAWARE COUNTY, ET AL.

ORDER
And NOW, this 23rd day of March 2015, for the reasons stated in the foregoing
memorandum, upon consideration of Defendants Delaware County and Community Education
Centers Motion to Dismiss Plaintiff’s Amended Complaint (ECF 13), and Motion of Defendants
Dr. Ronal Phillips, Holly Craig, CRNP and Kelly Mullan, PA-C to Dismiss Plaintiff’s Amended
Complaint (ECF 14), and all responses and replies thereto, it is hereby ORDERED that:
1. The Motion to Dismiss of Defendants Delaware County and Community Education
Centers (“CEC”) is GRANTED. Plaintiff’s claims against Delaware County and CEC
based on a municipal policy or custom of providing inadequate medical care are hereby
DISMISSED WITHOUT PREJUDICE, with leave to amend. Plaintiff’s claims against
Delaware County and CEC based on failure to train and Plaintiff’s request for punitive
damages are DISMISSED WITH PREJUDICE.
2. The Motion to Dismiss of Defendants Dr. Phillips, Ms. Craig, and Ms. Mullan is
GRANTED. Plaintiff’s claims against Dr. Phillips, Ms. Craig, and Ms. Mullan under 42
U.S.C. § 1983 are DISMISSED WTHOUT PREJUDICE, with leave to amend.
Plaintiff’s claim against Dr. Phillips for negligence in violation of Pennsylvania state law
is DISMISSED WITHOUT PREJUDICE, with leave to amend.

BY THE COURT:
s/Michael M. Baylson
__________________________
Michael M. Baylson, U.S.D.J.

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