NEEDHAM v. MULLEN et al

Filing 61

MEMORANDUM OPINION & ORDER re 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ALLEGHENY COUNTY, 58 REPORT AND RECOMMENDATION re 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ALLEGHENY COUNTY. The Magistrate Judge's Report and Recommendation which recommends that the Partial Motion to Dismiss be granted is hereby adopted as the Opinion of the Court. Signed by Judge Maurice B. Cohill on 9/25/2014. (cag)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

AMY NEEDHAM,
Plaintiff,

v.
WILLIAM P. MULLEN, Sheriff
Of Allegheny County, LIEUTENANT
JOHN KEARNEY, DETECTIVE JARED
KULIK, ALLEGHENY COUNTY
CORRECTIONAL HEALTH
SERVICES, INC., and ALLEGHENY
COUNTY,
Defendants.

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Civil Action No. 13-1829
District Judge Cohill
Chief Magistrate Judge Lenihan

ECF No. 42, 58

MEMORANDUM ORDER

Plaintiff filed her Complaint on December 30,2013. (ECF No. 1.) The Complaint was
referred to Chief United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in
accordance with the Magistrate Judges Act, 28 U.S.c. § 636(b)(l), and Rules

n.c and n.D of

the Local Rules of Court.
The Magistrate Judge's Report and Recommendation (ECF No. 58) filed on August 28,
2014, recommended that the Partial Motion to Dismiss filed by Defendant Allegheny County
(ECF No. 42) be granted. Service was made on all counsel of record. The parties were informed
that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1 )(B) and (C), and Local
Rule of Court n.D .2, the parties had fourteen (14) days from the date of service to tile
objections to the Report and Recommendation. Objections were filed. The Court notes that
Allegheny County's Partial Motion to Dismiss at ECF No. 42 concerns only whether Plaintiff: as

a matter of law, may state a claim for violation of the special relationship theory in addition to a
Fourteenth Amendment claim. Defendant Allegheny County has not moved to dismiss any other
aspect of Count III of the Second Amended Complaint at ECF No. 40.
After review of the pleadings, the documents in the case and objections, together with the
Report and Recommendation, the following Order is entered:

... t.;;;

AND NOW, this ,~ day of September, 2014, it is hereby ORDERED that the Partial
Motion to Dismiss filed by Allegheny County (ECF No. 42) is GRANTED.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 58) of
Chief Magistrate Judge Lenihan, dated August 28, 2014, is adoptcd as the Opinion of the Court.

BY THE COURT

~!J.&~JcMAURICE B. COHILL
United States District Judge

cc:

All counsel of record
Via Electronic Mail

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