CHARLESTON v. CORIZON HEALTH, INC. et al

Filing 186

MEMORANDUM AND ORDER THAT ROBIN CLEMONS M.D'S MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. 133) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. BRUCE BLATT M.D'S MOTION FOR SUMMARY JUDGMENT (DOC. 135) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. CITY OF PHILADELPHIA'S MOTION FOR SUMMARY JUDGMENT (DOC. 136) IS GRANTED AND WE DISMISS THE CITY OF PHILADELPHIA. MICHELLE FARRELL AND FREDERICK ABELLO'S MOTION FOR SUMMARY JUDGMENT (DOC. 136) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. CORIZON HEALTH INC'S MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. 137) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. KRISTIN POPELAK R.N., DULIE RENE R.N., KAREN MCKINNEY P.A., MARIE WHATLEY, R.N., DANIELLE MCGETTIGAN L.P.N., ANITA DIORIO R.N., MARY DUFFY R.N., CHARLOTTE HAMILTON N.P., ROSEANNE GREEN N.P., CHRISTINA MARSHALL R.N. AND CONSTANCE ORJI P.A.'S MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. 137) IS GRANTED AND WE PROCEED TO TRIAL ON MR. CHARLESTON'S NEGLIGENCE CLAIM SEEKING COMPENSATORY DAMGES. DEFENDANT ELMEADA FRIA'S MOTION FOR SUMMARY JUDGMENT (DOC. 137) IS GRANTED AS TO ALL CLAIMS AND WE DISMISS MS. FRIAS. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/12/18. 4/12/18 ENTERED AND COPIES EMAILED.(rf, )

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

WAYNE CHARLESTON, JR.

CIVIL ACTION

v.
NO. 17-3039
CORIZON HEAL TH, INC., et al
ORDER
AND NOW, this 12th day of April 2018, upon considering Defendants' Motions for
summary judgment and partial summary judgment (ECF Doc. Nos. 133, 135, 136, 137) with
supporting Appendices, Plaintiffs Oppositions (ECF Doc. Nos. 161, 162, 163, and 164) with
supporting Appendix, and for reasons in the accompanying Memorandum, it is ORDERED:
1.

Robin Clemons M.D. 's Motion for partial summary judgment (ECF Doc. No.

133) is GRANTED in part and DENIED in part and we proceed to trial on Mr. Charleston's
Fourteenth Amendment claim for deliberate indifference arising on or after November 5, 2015
and his negligence claim seeking compensatory and punitive damages against Robin Clemons,
M.D.
2.

Bruce Blatt M.D.'s Motion for summary judgment (ECF Doc. No. 135) is

GRANTED in part and DENIED in part and we proceed to trial on Mr. Charleston's Fourteenth
Amendment claim for deliberate indifference arising on or after November 5, 2015 and his
negligence claim seeking compensatory and punitive damages against Bruce Blatt, M.D.
3.

City of Philadelphia's Motion for summary judgment (ECF Doc. No. 136) is

GRANTED and we dismiss the City of Philadelphia.
4.

Michelle Farrell and Frederick Abello's Motion for summary judgment (ECF

Doc. No. 136) is GRANTED in part and DENIED in part and we proceed to trial on Mr.

Charleston's Fourteenth Amendment claim for deliberate indifference arismg on or after
September 7, 2015 seeking compensatory and punitive damages against Michelle Farrell and
Frederick Abello.
5.

Corizon Health, Inc.'s Motion for partial summary judgment (ECF Doc. No. 137)

is GRANTED in part and DENIED in part and we proceed to trial on Mr. Charleston's Monell
civil rights claim seeking compensatory and punitive damages and his negligence claim seeking
compensatory damages.
6.

Kristin Popelak R.N., Dulie Rene R.N., Karen McKinney P.A., Marie Whatley

R.N., Danielle McGettigan L.P.N., Anita Diorio R.N., Mary Duffy R.N., Charlotte Hamilton
N.P., Roseanne Green N.P., Christina Marshall R.N., and Constance Orji P.A. 's Motion for
partial summary judgment (ECF Doc. No. 137) is GRANTED and we proceed to trial on Mr.
Charleston's negligence claim seeking compensatory damages.
7.

Defendant Elmeada Frias's Motion for summary judgment (ECF Doc. No. 137) is

GRANTED as to all claims and we dismiss Ms. Frias.

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