WEST v. MCFADDEN et al

Filing 16

ORDER THAT DR. GESSNER'S MOTION TO DISMISS (DOC. NO. 11) IS GRANTED IN PART AND DENIED IN PART AS OULINED IN THIS ORDER. IT IS FURTHER ORDERED THAT THE DEMAND IN PLAINITFF'S COMPLAINT FOR ONE MILLION U.S. DOLLARS FOR EACH DAY THAT HE WAS TORTURED IS STRICKEN. PLAINTIFF MAY FILE AN AMENDED COMPLAINT ON OR BEFORE 5/13/15. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 4/30/15. 5/1/15 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CHRISTOPHER H. WEST

CIVIL ACTION

:
v.

:

NO. 14-5210

:
:

WARDEN MCFADDEN, et al.

:
ORDER

AND NOW, this 30th day of April, 2014, upon consideration of defendant Dr. Victoria
Gessner’s motion to dismiss plaintiff Christopher H. West’s complaint, Dkt. No. 11, and
plaintiff’s response thereto, Dkt. No. 14, and consistent with the accompanying memorandum of
law, it is ORDERED that Dr. Gessner’s motion is GRANTED IN PART and DENIED IN PART
as follows:
1.

the motion is GRANTED to the extent that it seeks dismissal of plaintiff’s claims
for sexual harassment and negligent infliction of emotional distress. Plaintiff’s
sexual harassment claim and his claim for negligent infliction of emotional
distress are DISMISSED with leave to amend to the extent that plaintiff can
allege circumstances sufficient to trigger Dr. Gessner’s liability;

2.

the motion is DENIED in all other respects.

It is FURTHER ORDERED that the demand in plaintiff’s complaint for “one million
U.S. dollars for each day that he was tortured” is STRICKEN in accordance with Rule 5.1.1 of
the Local Rules of Civil Procedure.
Plaintiff may file an amended complaint consistent with this Order on or before May13,
2015. Any amended complaint shall not include a request for a specified amount of monetary
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damages. If plaintiff files an amended complaint, defendants shall file a responsive pleading
within fourteen days thereafter.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.

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