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, )

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