SUMMERS v. CITY OF PHILADELPHIA et al

Filing 34

MEMORANDUM AND ORDER THAT (ECF. NO. 6) IS GRANTED IN PART: THE CLAIMS AGAINST THE CITY OF PHILADELPHIA AND GIORLA, DELANEY, LAWTON AND FARRELL IN THEIR OFFICAL CAPACITIES ARE DISMISSED WITH PREJUDICE; THE CLAIMS AGAINST GIORLA, DELANEY, LAWTON AND FA RRELL IN THEIR INDIVIDUAL CAPACITIES ARE DISMISSED WITHOUT PREJUDICE. (ECF. NO 16) IS GRANTED. THE CLAIMS AGAINST MHM CORRECTIONAL SERVICES, INC AND MHM SERVICES, INC. ARE DISMISSED WITHOUT PREJUDICE. (ECF. NO 18) IS GRANTED. THE CLAIMS AGAINST CORRE CT CARE SOLUTIONS, LLC AND WEINER ARE DISMISSED WITHOUT PREJUDICE. (ECF. 25) IS GRANTED IN PART AND DENIED IN PART' THE CLAIMS AGAINST THE PENNSYLVANIA DEPARTMENT OF CORRECTIONS AND WETZEL, CYNTHIA LINK, ONDREJKA, KORSNZNIAK AND MASCELLINO IN TH E OFFICIAL CAPACITIES ARE DISMISSED WITH PREJUDICE. THE CLAIMS AGAINST WETZEL, CYTHINA LINK, ONDREJKA, KORSZNIAK AND MASCELLINO IN THEIR INDIVIDUAL CAPACITIES ARE DISMISSED WITHOUT PREJUDICE. THE 5TH AMENDMENT CLAIMS AGAINST ALL DEFENDANTS ARE DISMIS SED WITH PREJUDICE. THE 14TH AMENDMENT SUBSTANTIVE DUE PROCESS CLAIMS AGAINST ALL DEFENDANTS ARE DISMISSED WITH PREJUDICE. PLAINTIFF MAY FILE AN AMENDED COMPLAINT ON OR BEFORE 8/26/17. SIGNED BY HONORABLE GERALD J. PAPPERT ON 6/26/17. 6/26/17 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(rf, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA WENDY SUMMERS, Administrator of the Estate of Decedent, Courtney McLeod CIVIL ACTION NO. 17-191 Plaintiff, v. CITY OF PHILADELPHIA, et al. Defendants. ORDER AND NOW, this 26th day of June, 2017, upon consideration of Defendants’ Motions to Dismiss, (ECF Nos. 6, 16, 18 & 25), and Plaintiff’s Responses (ECF Nos. 15, 20, 22 & 27), it is hereby ORDERED that: 1. ECF No. 6 is GRANTED in part; a. The claims against the City of Philadelphia and Giorla, Delaney, Lawton and Farrell in their official capacities are DISMISSED with prejudice; b. The claims against Giorla, Delaney, Lawton and Farrell in their individual capacities are DISMISSED without prejudice. 2. ECF No. 16 is GRANTED; a. The claims against MHM Correctional Services, Inc. and MHM Services, Inc. are DISMISSED without prejudice. 3. ECF No. 18 is GRANTED; a. The claims against Correct Care Solutions, LLC and Weiner are DISMISSED without prejudice. 1 4. ECF No. 25 is GRANTED in part and DENIED in part; a. The claims against the Pennsylvania Department of Corrections and Wetzel, Cynthia Link, Ondrejka, Korszniak and Mascellino in the official capacities are DISMISSED with prejudice; b. The claims against Wetzel, Cynthia Link, Ondrejka, Korszniak and Mascellino in their individual capacities are DISMISSED without prejudice. 5. The Fifth Amendment claims against all Defendants are DISMISSED with prejudice; 6. The Fourteenth Amendment substantive due process claims against all Defendants are DISMISSED with prejudice; 7. Plaintiff may file an amended complaint on or before August 26, 2017. BY THE COURT: /s/ Gerald J. Pappert GERALD J. PAPPERT, J. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?