M.J. v. Luzerne County et al

Filing 59

ORDER (memorandum filed previously as separate docket entry). (1) The Motion to Dismiss (Doc. 35) filed by Defendants Luzerne County, Luzerne County Children and Youth Services, Jesse Goshert, and Maryann Rambus is GRANTED in part and DENIED in part. (A) Plaintiffs vicarious liability claim against the County and LCCYS inCount Four of the Amended Complaint is DISMISSED with prejudice.(B) County Defendants motion is DENIED in all other respects.(2) The Motion for Partial Dismissal (Doc. 37) filed by Concern-ProfessionalServices for Children, Youth, and Families, Lisa Ross, and Kathy Sheridan isGRANTED in part and DENIED in part.(A) Plaintiffs vicarious liability claim against Concern for Kathy Ryansactions in Count Four of the Amended Complai nt is DISMISSED with prejudice.(B) Concern Defendants motion is DENIED in all other respects.(3) Defendant Kathy Ryans Motion to Dismiss (Doc. 38) is DENIED.(4) Defendants shall file Answers to the Amended Complaint within twenty-one days from the date of this Order. Signed by Honorable A. Richard Caputo on 4/25/18. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
M.J. individually and as parent and natural
guardian of G.S. and C.J., minors,

NO. 3:17-CV-1443

Plaintiffs,
(JUDGE CAPUTO)
v.
LUZERNE COUNTY, et al.,
Defendants.

ORDER
NOW, this 25th day of April, 2018, IT IS HEREBY ORDERED that:
(1)

The Motion to Dismiss (Doc. 35) filed by Defendants Luzerne County, Luzerne
County Children and Youth Services, Jesse Goshert, and Maryann Rambus is
GRANTED in part and DENIED in part.
(A)

Plaintiffs’ vicarious liability claim against the County and LCCYS in
Count Four of the Amended Complaint is DISMISSED with prejudice.

(B)
(2)

County Defendants’ motion is DENIED in all other respects.

The Motion for Partial Dismissal (Doc. 37) filed by Concern-Professional
Services for Children, Youth, and Families, Lisa Ross, and Kathy Sheridan is
GRANTED in part and DENIED in part.
(A)

Plaintiffs’ vicarious liability claim against Concern for Kathy Ryan’s
actions in Count Four of the Amended Complaint is DISMISSED with
prejudice.

(B)

Concern Defendants’ motion is DENIED in all other respects.

(3)

Defendant Kathy Ryan’s Motion to Dismiss (Doc. 38) is DENIED.

(4)

Defendants shall file Answers to the Amended Complaint within twenty-one
(21) days from the date of entry of this Order.
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge