Goza v. City of Ellisville et al
| Craig K. Goza, Jr. |
| City of Ellisville, Saint Louis County, Missouri, Travis Detring, George Corless, Kelly Murray, Metro West Fire Protection District, Scott Fieser, Michael Starck and Does 1-10 |
| 4:2015cv00775 |
| May 15, 2015 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| Charles A. Shaw |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Both |
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Filing
35
MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that defendants City of Ellisville, Missouri and individual defendants Travis Detring, George Corless and Kelly Murray's Motion to Partially Dismiss, construed as a motion for partial judgme nt on the pleadings, is GRANTED in part and DENIED in part. [Doc. 23] As to defendants Detring, Corless and Murray, the motion is GRANTED and defendants are entitled to judgment on Count II on plaintiff's claims (1) for failure to personally provide medical care to plaintiff, and (2) for failure to intervene to protect plaintiff from conduct that constituteddeliberate indifference to his serious medical need. The motion is DENIED on Count II's claims that these defendants intentio nally denied or delayed plaintiff's access to medical care. As to defendant City of Ellisville, the motion is GRANTED and the City is entitled to judgment on Count III on plaintiff's claims arising from defendants Detring, Corless and Mu rray's (1) failure to personally provide medical care to plaintiff, and (2) failure to intervene to protect plaintiff from conduct that constituted deliberate indifference to his serious medical need. The motion is DENIED on Count III's claims against the City arising from defendants Detring, Corless and Murray's intentional denial or delay of plaintiffs access to medical care. IT IS FURTHER ORDERED that plaintiff's references to the Fifth and Eighth Amendments in paragraph 140 of the First Amended Complaint are DISMISSED. IT IS FURTHER ORDERED that plaintiff is granted leave to file a second amended complaint to specifically assert his claims for failure to intervene to protect him from excessive fo rce, and for the intentional denial or delay of medical treatment, as noted in footnotes 6 and 7 of this Memorandum and Order, by September 1, 2015. An appropriate partial judgment will accompany this Memorandum and Order.. Signed by District Judge Charles A. Shaw on 8/18/2015. (MRC)
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