Oliver v. Wetzel et al

Filing 89

ORDER (memorandum filed previously as separate docket entry), GRANTING in part/DENYING in part Commonwealth Dfts' 50 motion to dismiss- Dfts Eclard, Tice, Himes, Cook, Kyle, Wetzel are dismissed; and GRANTING in part/DENYING in part Medical Dfts' 51 motion to dismiss- Granted Counts 1 and 3; Denying Count 2; Remaining Commonwealth Dfts and Medical Dfts shall file a responsive pleading in accordance w/FRCP 12 (a)(4)(A). Signed by Honorable James M. Munley on 09/29/17. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANTHONY EDWARD OLIVER ,

:
:
Plaintiff
:
:
v.
:
:
JOHN WETZEL, et al.,
:
:
Defendants :

CIVIL ACTION NO. 3:16-cv-0407
(Judge Munley)

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ORDER
AND NOW, to wit, this 29th day of September 2017, upon consideration of
Defendants’ motions (Docs. 50, 51) to dismiss, and for the reasons set forth in the Court’s
Memorandum of the same date, it is hereby ORDERED that:
1.

Defendants’ motions (Doc. 50, 51) are GRANTED inasmuch as any and all
claims that arose in 2013 are DISMISSED as barred by the statute of
limitations.

2.

The Commonwealth Defendants’ motion (Doc. 50) pursuant to Federal
Rule of Civil Procedure 12(b)(6) is GRANTED in part and DENIED in
part.1
a.

1

The motion is GRANTED with respect to the claims against
Defendants Eckard, Tice, Himes, Cook, Kyle and Wetzel.
The Amended Complaint against these Defendants is
DISMISSED. The Clerk of Court is directed to NOTE on the
docket that these Defendants are TERMINATED.

Oliver sets forth three counts in his Amended Complaint, each raising constitutional claims. To the
extent that he included a wholesale conspiracy claim, that claim has been addressed and dismissed.
Defendants construe Oliver’s Amended Complaint to include a myriad of other claims. However, the
Court will limit disposition to Oliver’s three articulated counts specifically identifying constitutional
claims.

b.

The motion is GRANTED with respect to Count Two and any
and all official capacity and conspiracy claims lodged against
the remaining Commonwealth Defendants, L. Oliver, Smart,
Treweek, Yohn, and Stevens.

c.

The motion is DENIED as to Count One against remaining
Commonwealth Defendants L. Oliver, Smart, Treweek, Yohn
and Stevens.

d.

The motion is DENIED as to Count Three against remaining
Commonwealth Defendant L. Oliver.

e.

The motion is DENIED in all other respects.

2.

Remaining Commonwealth Defendants L. Oliver, Smart, Treweek, Yohn
and Stevens, shall file a responsive pleading to Counts One and Three in
accordance with the Federal Rule of Civil Procedure 12(a)(4)(A).

3.

The Medical Defendants’ motion (Doc. 51) pursuant to Federal Rule of
Civil Procedure 12(b)(6) is GRANTED in part and DENIED in part.
a.
b.

The motion is DENIED with respect to Count Two.

c.
3.

The motion is GRANTED with respect to Counts One and
Three.

The motion is denied in all other respect.

Medical Defendants, Kollman, McConnell, and Gomes, shall file a
responsive pleading to Count Two in accordance with the Federal Rule of
Civil Procedure 12(a)(4)(A).

BY THE COURT:
s/James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court