WHITENIGHT v. WETZEL et al

Filing 103

ORDER granting in part and denying in part re 85 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Third Amended Complaint filed by JENIPHER PURCE, TERRI CALVERT, 44 MOTION to Dismiss filed by JILL CLARK, PRIME CARE MEDICAL, 46 MOTION to Dismiss filed by SUSAN ROSSINO, 48 MOTION to Dismiss Third Amended Complaint filed by THOMAS ELBEL. Answers due 1/5/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 12/5/2017. (sms)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA PITTSBURGH ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) SHAWN LEE WHITENIGHT, Plaintiff, vs. THOMAS ELBEL, WARDEN JEFFERSON COUNTY JAIL; PRIME CARE MEDICAL, MEDICAL VENDER JEFFERSON COUNTY JAIL; SUSAN ROSSINO, M.D. JEFFERSON COUNTY JAIL; JILL CLARK, PA-C, SITE MANAGER JEFFERSON COUNTY JAIL; JENIPHER PURCE, L.P.N.; AND DR. TERRI CALVERT, Defendants, 2:16-CV-00646-CRE ORDER AND NOW, this 5th day of December, 2017, it is HEREBY ORDERED that Defendants Jill Clark and Prime Medical Care’s motion to dismiss [ECF No. 44], Defendant Susan Rossino’s motion to dismiss [ECF No. 46], Defendant Thomas Elbel’s motion to dismiss [ECF No. 48], and Defendants Terri Calvert and Jenipher Purce’s motion to dismiss [ECF No. 85] are GRANTED IN PART and DENIED IN PART as follows: IT IS HEREBY ORDERED that Defendants’ motions are GRANTED with respect to the following claims that are dismissed with prejudice: (1) Defendants; Plaintiff’s claim for injunctive and declaratory relief against all (2) Plaintiff’s 42 U.S.C. § 1983 claim for deliberate indifference to serious medical needs pursuant to the Fourteenth Amendment against Warden Elbel; (3) Plaintiff’s 42 U.S.C. § 1983 claim for deliberate indifference pursuant to the Fourteenth Amendment against Dr. Rossino, Dr. Calvert, PA-C Clark and L.P.N. Purce insofar as he alleges that he was denied medical treatment 1 due to cost, and that he was denied medical treatment due to the rescheduling of appointments; (4) Plaintiff’s 42 U.S.C. § 1983 claim for deliberate indifference in violation of the Fourteenth Amendment pursuant to Monell against Prime Care; (5) Plaintiff’s 42 U.S.C. § 1983 conspiracy claim against all Defendants; and (6) Plaintiff’s negligent infliction of emotional distress claim against Warden Elbel. IT IS FURTHER ORDERED that Defendants’ motions are DENIED with respect to the following: (1) Plaintiff’s 42 U.S.C. § 1983 claim for deliberate indifference pursuant to the Fourteenth Amendment against Dr. Rossino, Dr. Calvert, PA-C Clark and L.P.N. Purce insofar as Plaintiff alleges that their decision to not order an MRI for Plaintiff and/or refer him to a specialist for six months was deliberately indifferent to his serious medical needs; (2) Plaintiff’s 42 U.S.C. § 1983 claim for due process violations pursuant to the Fourteenth Amendment against Warden Elbel, Dr. Rossino, Dr. Calvert, PA-C Clark and L.P.N. Purce for Plaintiff’s placement in solitary confinement and/or on suicide watch; (3) Plaintiff’s 42 U.S.C. § 1983 claim for retaliation in violation of the First Amendment against Warden Elbel, Dr. Rossino, Dr. Calvert, PA-C Clark and LPN Purce; (4) Plaintiff’s NIED claim against Dr. Rossino, Dr. Calvert, PA-C Clark and L.P.N. Purce; (5) Plaintiff’s intentional infliction of emotional distress claim against all Defendants; (6) Plaintiff’s medical negligence claim against Dr. Rossino, Dr. Calvert, PA-C Clark and L.P.N. Purce; (7) Plaintiff’s corporate negligence claim against Prime Care; and (8) Plaintiff’s claim for punitive damages. 2 IT IS FURTHER ORDERED that Defendants shall file their respective Answers by January 5, 2018. By the Court: s/ Cynthia Reed Eddy Cynthia Reed Eddy United States Magistrate Judge cc: SHAWN LEE WHITENIGHT 182 Evansville Road Berwick, PA 18603 all registered counsel via CM-ECF 3

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