Lopez v. Brady et al
| Radames Lopez |
| James Brady, Physician's Assistant Weber, Physician's Assistant Craig, Paramedic-EMT George, C. Woodhead, Todd W. Cerney, Dr. Okundaye, Physician's Assistant Freynik, Physician's Assistatnt Menonkoff, Physician's Assistant Roces, Correctional Officer Free, Correctional Officer Kevin, The Federal Bureau of Prisons, The United States Public Health Service, Dr. Banks and Defendant Does #1 to #25 |
| 4:2007cv01126 |
| June 25, 2007 |
| US District Court for the Middle District of Pennsylvania |
| Williamsport Office |
| Union |
| JV |
| James F. McClure |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| Plaintiff |
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Filing
60
MEMORANDUM AND ORDER: Construing remaining defendants' dispositive motion as solely seeking summary judgment; granting the 31 motion for summary judgment; granting summary judgment in favor of the remaining defendants to the extent that the co mplaint asserts Bivens claims against them in their official capacities; the Bivens claims against the FCI-Allenwood defendants are barred by PA's applicable statute of limitations; accordingly, summary judgment is entered in favor of defendants Free, Kevin, Okundyke, Freynik, Manekoff and Roces; the claims against defendants Woodhead and Cerney are improperly asserted in a civil rights action; summary judgment will be entered without prejudice in favor of those defendants; denying the requ ests for entry of summary judgment on the basis of non-exhaustion of administrative remedies and preclusion under the statute of limitations with respect to the Bivens claims against the LSCI-Allenwood defendants; granting summary judgment in favor o f the LSCI-Allenwood Medical defendants with respect to the Bivens claims that they were deliberately indifferent to plaintiff's medical needs; dismissing Lopez's FTCA claim of medical malpractice for his failure to file a certificate of merit; plaintiff's remaining FTCA claim of negligence is barred by the discretionary function exception; directing the clerk to close the case. Signed by Honorable James F. McClure, Jr on 9/25/08. (km, )
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