Green v. Fisher et al

Filing 37

MEMORANDUM AND ORDER: The motions to dismiss (Docs. 20 & 23 ) are GRANTED in part and DENIED in part as follows: 1) The motion to dismiss (Doc. 20) the section 1983 claims against DOC Defendants in their official capacities is GRANTED with prejudi ce; 2) The motion to dismiss (Doc. 20) Defendant SCI-Smithfield as a party is GRANTED with prejudice, and State Prison Smithfield is dismissed as a party; 3) The motion to dismiss (Doc. 20) the section 1983 claims against Defendant DOC is GRANTED wit h prejudice; 4) The motion to dismiss (Doc. 20) the negligence claim based on medical malpractice is GRANTED with prejudice as to Defendant DOC; 5) The motion to dismiss (Doc. 20) Plaintiff's Eighth Amendment claim of deliberate indifference to serious medical needs is GRANTED with prejudice as to DOC Defendants; 6) The motions to dismiss (Docs. 20 & 23) Plaintiff's equal protection claim are GRANTED with prejudice; 7) The motion to dismiss (Doc. 23) the section 1983 claims against Def endant Corizon, Inc., is GRANTED with prejudice; 8) The motion to dismiss (Doc. 23) the Eighth Amendment claim of deliberate indifference to serious medical needs against Defendants Doll and Long is GRANTED without prejudice; 9) The motions to dismis s (Docs. 20 & 23) the pendant state law claims of negligence are GRANTED without prejudice, with the exception of the claim of negligence based on medical malpractice against Defendant DOC; and 10) Plaintiffs amended complaint shall be filed in accordance with the instructions set forth in the accompanying memorandum no later than March 11, 2013. Signed by Honorable Sylvia H. Rambo on 02/22/13 (ma)