ZEIGLER v. PHS CORRECTIONAL HEALTH CARE, INC. et al
| TYRONNE ZEIGLER |
| PHS CORRECTIONAL HEALTH CARE, INC., DANIEL TELEGA, TAMMY MOWERY, MAXINE OVERTON, MARK BAKER and JOHN DOE |
| 1:2011cv00203 |
| September 14, 2011 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Beaver |
| Susan Paradise Baxter |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
43
MEMORANDUM OPINION AND ORDER that 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PHS CORRECTIONAL HEALTH CARE, INC., is DENIED. A Case Management Conference will be scheduled by separate order. Signed by Magistrate Judge Susan Paradise Baxter on 2/20/13. (lrw)
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Filing
30
MEMORANDUM OPINION AND ORDER that the motion to dismiss filed by Defendants PHS, Inc. and Telega 7 is granted in part and denied in part. The Eighth Amendment claim will be allowed to proceed as Plaintiff has stated a plausible claim, while the fa ilure to train claim against PHS, Inc. is dismissed. Defendants request to dismiss the claim for punitive damages is also denied.IT IS FURTHER ORDERED that the motion to dismiss filed by Defendants Baker and Mowery 19 is granted in part and denied in part. The Eighth Amendment claim against Baker and Mowery is sufficient to survive the motion to dismiss, while the failure to train claim against Baker is dismissed. Defendants request to dismiss the claim for punitive damages is also denied. IT IS FURTHER ORDERED that the motion to dismiss filed by Defendant Overton 11 is granted. IT IS FURTHER ORDERED that Defendant John Doe is dismissed from this action as Plaintiff has failed to state a claim against him. The Clerk of Court is directed to terminate Overton and Doe as parties on the docket. Signed by Magistrate Judge Susan Paradise Baxter on 6/1/12. (lrw)
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