WHITENIGHT v. ELBEL 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)

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

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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

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