TUTTLE v. WINGARD, et al

Filing 45

ORDER adopting Report and Recommendations (Doc. 43 ). The Motion to Dismiss by Defendants Allegheny Correctional Health Services, Inc. and Dana Phillips (Doc. 31 ) is DENIED. The Motion is DENIED as it relates to the Monell claim against Alleghe ny Correctional Health Services, Inc., and DENIED AS MOOT as to all other issues previously raised in Defendants' first Motion to Dismiss (Doc. 8 ), and subsequently ruled upon by the Court. (Docs. 24 , 28 ). Signed by Judge Cathy Bissoon on 7/7/15. (rld)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

GREGORY TUTTLE, et.al.,
Plaintiffs,
v.
TREVOR WINGARD, et.al.,

Defendants.

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Civil Action No. 14-164
Judge Cathy Bissoon
Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
This case was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial
proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and
Local Rule of Civil Procedure 72.
On June 10, 2015, the Magistrate Judge issued a Report (Doc. 43) recommending that
Defendant’s Motion to Dismiss (Doc. 31) be denied. Service of the Report and Recommendation
was made on the parties, and no objections have been filed.
After a review of the pleadings and documents in the case, together with the Report and
Recommendation, the following Order is entered:
The Motion to Dismiss by Defendants Allegheny Correctional Health Services, Inc. and
Dana Phillips1 (Doc. 31) is DENIED. The Motion is DENIED as it relates to the Monell claim
against Allegheny Correctional Health Services, Inc., and DENIED AS MOOT as to all other
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The motion at Doc. 31 was also filed on behalf of Virginia I. Cook, Esq., as Executrix of the
Estate of Bruce Dixon, insofar as the allegations of the Amended Complaint charge Dr. Dixon’s
estate with responsibility for damages in his capacity as a member of the Board of Directors of
Allegheny Correction Health Services, Inc. The parties, however, stipulated to the dismissal of
all claims against Virginia Cook at Document 40. The Court approved the stipulation by Court
Order at Document 41.

issues previously raised in Defendants’ first Motion to Dismiss (Doc. 8), and subsequently ruled
upon by the Court. (Docs. 24, 28).
Therefore, the claims remaining as to Allegheny Correctional Health Services, Inc., are as
follows:
1) 42 U.S.C. § 1983 claim for violation of the Eighth Amendment to the United States
Constitution for deliberate indifference to serious medical needs;
2) Monell liability claim; and
3) Negligence claim, the derivative loss of consortium claim, and punitive damages
claim.
The claims remaining as to Dana Phillips in her individual capacity are as follows:
1) 42 U.S.C. § 1983 claim for violation of the Eighth Amendment for deliberate
indifference to serious medical needs;
2) Monell supervisory liability claim; and
3) Negligence claim, the derivative loss of consortium claim, and punitive damages
claim.
The Magistrate Judge’s Report and Recommendation dated June 10, 2015, hereby is
adopted as the Opinion of the District Court.
IT IS SO ORDERED.

July 7, 2015

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All counsel of record

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