Enright v. United States Of America et al

Filing 86

ORDER (Memorandum 85 filed previously as separate docket entry) GRANTING in part & DENYING in part defts' MTDs 59 & 72 ... (see Paras 1a-b for specifics), GRANTING in part & DENYING in part PrimeCare & Heckman's MTD 70 ... (see Paras 2a-b for specifics), & directing defts to file response to 2nd amended complaint by 10/6/16. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/15/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JUSTIN MICHAEL ENRIGHT,
Plaintiff
v.
UNITED STATES OF AMERICA,
et al.,
Defendants

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CIVIL ACTION NO. 1:14-CV-103
(Chief Judge Conner)

ORDER
AND NOW, this 15th day of September, 2016, upon consideration of
defendants’ motions (Docs. 59, 70, 72) to dismiss, and for the reasons set forth in
the court’s memorandum of the same date, it is hereby ORDERED that:
1.

The Perry County defendants’ motions (Docs. 59, 72) to dismiss are
GRANTED in part and DENIED in part as follows:
a.

b.
2.

The motion is GRANTED with respect to the Sixth Amendment,
Americans with Disabilities Act, and substantive due process
claims, and these claims are DISMISSED with prejudice.
The motion is DENIED in all other respects.

The motion (Doc. 70) to dismiss filed by PrimeCare and Heckman is
GRANTED in part and DENIED in part as follows:
a.

The motion is GRANTED with respect to the Americans with
Disabilities Act, Rehabilitation Act, and state law medical
negligence claims, and these claims are DISMISSED with
prejudice.

b.

The motion is DENIED in all other respects.

3.

Defendants shall file an answer to Enright’s second amended
complaint (Doc. 58) or appropriate pretrial motion on or before
Thursday, October 6, 2016.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania