Benussi v. Luzerne County et al

Filing 32

ORDER (memorandum filed previously as separate docket entry). (A) The Motion to Dismiss filed by Defendants Correct Care Solutions, Renato Diaz, Elizabeth Joyce, and Michael Tengowski 27 is GRANTED. (1) The Amended Complaint 18 is DISMISSED witho ut prejudice as to Defendants Correct Care Solutions, Renato Diaz, Elizabeth Joyce, Michael Tengowski, and John/Jane Doe Medical Defendants.(B) The Motion to Dismiss filed by Defendants Luzerne County, Robert Lawton,and James Larson 21 is GRANTED i n part and DENIED in part. (1) Counts Three and Four of the Amended Complaint are DISMISSED without prejudice as to Defendants Luzerne County, Robert Lawton, James Larson, and John/Jane Doe Correctional Defendants. (2) The Motion is DENIED in all other respects. Signed by Honorable A. Richard Caputo on 8/28/18. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ROBERT BENUSSI,
Plaintiff,

NO. 3:17-CV-1668

v.

(JUDGE CAPUTO)

LUZERNE COUNTY, et al.,
Defendants.
ORDER
NOW, this 28th day of August, 2018, IT IS HEREBY ORDERED that:
(A)

The Motion to Dismiss filed by Defendants Correct Care Solutions, Renato
Diaz, Elizabeth Joyce, and Michael Tengowski (Doc. 27) is GRANTED.
(1) The Amended Complaint (Doc. 18) is DISMISSED without
prejudice as to Defendants Correct Care Solutions, Renato Diaz,
Elizabeth Joyce, Michael Tengowski, and John/Jane Doe Medical
Defendants.

(B)

The Motion to Dismiss filed by Defendants Luzerne County, Robert Lawton,
and James Larson (Doc. 21) is GRANTED in part and DENIED in part.
(1) Counts Three and Four of the Amended Complaint are DISMISSED
without prejudice as to Defendants Luzerne County, Robert Lawton,
James Larson, and John/Jane Doe Correctional Defendants.
(2) The Motion is DENIED in all other respects.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge