Anderson v. Showalter et al

Filing 61

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT: 1) Corrections Defts motion to dismiss (Doc. 19) is GRANTED in part and DENIED in part as follows: a) Pltfs Section 1983 claims for money damages against all Co rrections Defts in their official capacities are DISMISSED; b) Pltfs request for declaratory relief against all CorrectionsDefendants is DENIED; c) Pltfs Section 1983 claims against Defendants Bickell and Garman are DISMISSED; d) Pltfs Eighth Amendme nt claim of deliberate indifference to his serious medical needs as to all Corrections Defts is DISMISSED; and e) Corrections Defts motion to dismiss Pltfs ADA claim isDENIED. 2) Corrections Defts shall answer the complaint (Doc. 1) within 30 days of the date of this order. 19 Signed by Honorable Sylvia H. Rambo on 3/20/15. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MICHAEL ANDERSON,
Plaintiff
v.
MARY L. SHOWALTER, et al.,
Defendants

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CIVIL NO. 1:CV-14-00330
(Judge Rambo)

ORDER
In accordance with the accompanying memorandum issued on this date, IT IS
HEREBY ORDERED THAT:
1) Corrections Defendants’ motion to dismiss (Doc. 19) is GRANTED in part
and DENIED in part as follows:
a) Plaintiff’s Section 1983 claims for money damages against all
Corrections Defendants in their official capacities are DISMISSED;
b) Plaintiff’s request for declaratory relief against all Corrections
Defendants is DENIED;
c) Plaintiff’s Section 1983 claims against Defendants Bickell and Garman
are DISMISSED;
d) Plaintiff’s Eighth Amendment claim of deliberate indifference to his
serious medical needs as to all Corrections Defendants is DISMISSED; and

e) Corrections Defendants’ motion to dismiss Plaintiff’s ADA claim is
DENIED.
2) Corrections Defendants shall answer the complaint (Doc. 1) within thirty
(30) days of the date of this order.
s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge
Dated: March 20, 2015.