CLOYD v. DELAWARE COUNTY et al

Filing 33

ORDER THAT THE MOTION TO DISMISS OF DEFENDANTS DELAWARE COUNTY AND COMMUNITY EDUCATION CENTERS IS DENIED. THE MOTION TO DISMISS OF DR. PHILLIPS IS DENIED. THE MOTION TO DISMISS OF DEFENDANTS MS. CRAIG AND MS. MULLAN IS GRANTED WITH PREJUDICE. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 9/10/2015. 9/10/2015 ENTERED AND COPIES E-MAILED.(kp, )

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 10th day of September 2015, for the reasons stated in the foregoing
memorandum, upon consideration of Defendants Delaware County and Community Education
Centers Motion to Dismiss Plaintiff’s Second Amended Complaint (ECF 27), and Motion of
Defendants Dr. Ronald Phillips, Holly Craig, CRNP and Kelly Mullan, PA-C to Dismiss
Plaintiff’s Second Amended Complaint (ECF 26), 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 DENIED, and Plaintiff may proceed with the claim under Monell v.
Department of Social Services, 436 U.S. 658 (1978) under the theory discussed in the
accompanying Memorandum.
2. The Motion to Dismiss of Defendant Dr. Phillips is DENIED as to the § 1983,
negligence, and punitive damages claim.
3. The Motion to Dismiss of Defendants Ms. Craig and Ms. Mullan is GRANTED WITH
PREJUDICE.
BY THE COURT:
/s/ Michael M. Baylson
__________________________
Michael M. Baylson, U.S.D.J.

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