CHIMENTI et al v. PENNSYLVANIA DEPARTMENT CORRECTIONS (DOC) et al

Filing 110

ORDER THAT DOC DEFTS' MOTION FOR SUMMARY JUDGMENT (DOC. NO. 95) IS GRANTED IN PART AND DENIED IN PART, ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 7/12/18. 7/12/18 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SALVATORE CHIMENTI, ET AL.
v.
JOHN WETZEL, ET AL.

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CIVIL ACTION

NO. 15-3333

ORDER
AND NOW, this day of July, 2018, upon consideration of the “DOC Defendants’ Motion
for Summary Judgment” (Docket No. 95), and all documents filed in connection therewith, and
for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED that the
Motion is GRANTED IN PART and DENIED IN PART as follows:
1. The DOC Defendants’ Motion for Summary Judgment is GRANTED as to the
following: (1) Plaintiff Maldonado’s personal claim for injunctive relief pursuant to
42 U.S.C. § 1983 in Count I of the First Amended Complaint; (2) Plaintiffs’ claim for
injunctive relief for violation of Article I, Section 13 of the Pennsylvania Constitution
in Count II of the First Amended Complaint; and (3) that portion of Plaintiff Chimenti’s
claim for medical malpractice in Count III of the First Amended Complaint that
pertains to Dr. Bennet Cecil’s opinion that Plaintiff Chimenti’s diabetes is likely related
to his HCV.
2. The DOC Defendants’ Motion for Summary Judgment is DENIED in all other
respects.
BY THE COURT:

/s/ John R. Padova
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John R. Padova, J.