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

Filing 91

ORDER THAT THE DOC DEFTS' MOTION TO DISMISS AMENDED COMPLAINT (DOC. NO. 56) IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED AS TO ALL CLAIMS ASSERTED AGAINST THE PA DEPT. OF CORRECTIONS AND RICH WENHOLD, AND THOSE DEFTS. ARE DISMISS ED AS DEFTS. IN THIS ACTION. THE MOTION TO DISMISS THE AMENDED COMPLAINT FILED BY THE MEDICAL DEFTS. (DOC. NO. 63) IS GRANTED IN PART AND DENIED IN PART.. SIGNED BY HONORABLE JOHN R. PADOVA ON 8/7/17. 8/8/17 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.
PENNSYLVANIA DEPARTMENT
OF CORRECTIONS, ET AL.

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CIVIL ACTION

NO. 15-3333

ORDER
AND NOW, this 7th day of August, 2017, upon consideration of the “DOC Defendants’
Motion to Dismiss Amended Complaint” (Docket No. 56), the Motion to Dismiss the Amended
Complaint filed by Defendants Wexford Health Sources, Inc., Correct Care Solutions, LLC, Dr.
Jay Cowan, Dr. John Kephart, and Dr. James Frommer (the “Medical Defendants”) (Docket No.
63), and all documents filed in connection therewith, and for the reasons stated in the
Memorandum filed on this date, IT IS HEREBY ORDERED as follows:
1.

The DOC Defendants’ Motion to Dismiss Amended Complaint (Docket No. 56)

is GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED as to all
claims asserted against the Pennsylvania Department of Corrections and Rich Wenhold, and
those Defendants are DISMISSED as Defendants in this action. The Motion is also GRANTED
as to the claim for monetary damages asserted in Count II and as to any claim for injunctive
relief asserted in Count II against Dr. Noel and Count II is DISMISSED to the extent it seeks
monetary damages from Defendant Wetzel and both monetary damages and injunctive relief as
against Dr. Noel. The Motion is further GRANTED as to the claim asserted against Defendant
John Wetzel in Count III and Count III is DISMISSED as against Defendant Wetzel. The DOC
Defendants’ Motion to Dismiss Amended Complaint is DENIED in all other respects.

2.

The Motion to Dismiss the Amended Complaint filed by the Medical Defendants

(Docket No. 63) is GRANTED IN PART AND DENIED IN PART.

The Motion is

GRANTED as to the claims asserted in Count I against Defendants Wexford, Correct Care
Solutions, and Dr. Jay Cowan and Count I is DISMISSED against those Defendants. The
Motion is also GRANTED as to the claims for injunctive relief asserted in Count I against Dr.
Kephart and Dr. Frommer. The claims for injunctive relief asserted in Count I against Dr.
Kephart and Dr. Frommer are DISMISSED. 1 The Motion to Dismiss is further GRANTED as
to the claims asserted in Count II against the Medical Defendants and Count II is DISMISSED
as against the Medical Defendants. The Medical Defendants’ Motion to Dismiss the Amended
Complaint is denied in all other respects.

BY THE COURT:

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

1

The claim for injunctive relief asserted against Dr. Frommer is dismissed as of the day
he leaves his employment position at SCI Smithfield.
2