PENNAVARIA v. WALTON et al
| THOMAS J. PENNAVARIA |
| JOHN R. WALTON, STEVE CMAR, SGT. RICHARD PLANEY, ROBERT BILLER, NAPHCARE, INC., LEE HARRISON, WILLIAM NICHOLSON, LINDA RIGGIN and RHONDA GASKILL |
| 2:2010cv00415 |
| March 29, 2010 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Arthur J. Schwab |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
78
MEMORANDUM AND OPINION re 71 MOTION for Summary Judgment filed by WESTMORELAND COUNTY, 64 MOTION for Summary Judgment filed by ROBERT BILLER, 67 MOTION for Summary Judgment filed by JOHN R. WALTON, SGT. RICHARD PLANEY, STEVE CMAR, 73 MOTION for Summary Judgment filed by LINDA RIGGIN, RHONDA GASKILL, LEE HARRISON, NAPHCARE, INC., WILLIAM NICHOLSON. Signed by Judge Arthur J. Schwab on 12/30/2010. (lmt)
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Filing
58
ORDER denying 53 Motion to Dismiss. Signed by Judge Arthur J. Schwab on 11/04/10. (mjl)
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Filing
38
MEMORANDUM AND ORDER denying 19 Motion to Dismiss; denying 19 Motion to Strike ; denying 20 Motion to Dismiss; denying 20 Motion to Strike ; denying 21 Motion to Dismiss; denying 21 Motion to Strike ; granting 23 Motion to Dismiss; gran ting 23 Motion to Strike. 1.The NaphCare defendants' motions to dismiss at docs. nos. 19, 20 and 21 are DENIED without prejudice to defendants raising the issues set forth therein in a motion for summary judgment at the appropriate time follow ing discovery.2.The Westmoreland County Prison Warden, officers and employees motion to dismiss at doc. no. 23 is GRANTED with prejudice with regard to plaintiffs claims made in these defendants official capacities; and is GRANTED without prejudice t o plaintiff's filing an Amended Complaint naming Westmoreland County as a defendant and alleging additional facts against these defendants in their individual and personal capacities with regard to the actions allegedly taken by the individual o fficers and employees under color of state law that plaintiff claims violated his civil rights. IT IS FURTHER ORDERED that Plaintiff's Amended Complaint shall be filed on or before July 28, 2010. Defendants shall file their respective Answers or Motions to Dismiss on or before August 11, 2010. Signed by Judge Arthur J. Schwab on 6/30/10. (mjl)
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