OTERO v. P.T.S. OF AMERICA, LLC et al
| JAIME OTERO |
| P.T.S. OF AMERICA, LLC, STEPHEN W. ETTER, PATRICK S. CANADA and BUCKS COUNTY, PA |
| 1:2008cv00282 |
| October 14, 2008 |
| US District Court for the Western District of Pennsylvania |
| Prisoner Civil Rights (Prison Condition) Office |
| Forest |
| Susan Paradise Baxter |
| None |
| Federal Question |
| 42:1983pr Prisoner Civil Rights |
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Filing
89
MEMORANDUM OPINION AND ORDER, directing as follows: 1. The Motion to Dismiss filed by Defendants Henry, Jones, Gubernick, Haring, Donnelly, and Bucks County [ECF No. 71] is GRANTED, and the Clerk is directed to terminate said Defendants from this cas e; 2. The Motion to Dismiss filed by Defendant Etter [ECF No. 73]is GRANTED in part and DENIED in part, as follows: Plaintiff's claims based upon the "Care, Custody, Control & Safety Policy," the Prisoner Transfer Act and the Fourteent h Amendment Due Process Clause are dismissed, but Plaintiff's Eighth Amendment deliberate indifference claim and his pendent state law claims of negligence and intentional infliction of emotional distress are allowed to proceed; 3. The motion to dismiss filed by Defendant Canada [ECF No. 75] is GRANTED and the Clerk is directed to terminate said Defendant from this case; 4. The Motion to Dismiss filed by Defendant PTS [ECF No. 77] is GRANTED and the Clerk is directed to terminate said Defendant from this case; and 5. The Motion to Dismiss filed by Defendant Catalogne [ECF No. 79] is GRANTED and the Clerk is directed to terminate said Defendant from this case. Signed by Judge Susan Paradise Baxter on 09/28/2010. (fcf)
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