SLOAN v. PA DEPT. OF CORRECTIONS et al
| JOHN SLOAN |
| PA DEPT. OF CORRECTIONS, SCI - MERCER, THOMPSON, SULLENBERGER, BOGGS, BROMLEY, DELLORSO, BOAL, WOODS, ENGSTROM, CORRECT CARE SOLUTIONS (CCS), RICHARD ELLERS, SCOTT MORGAN and KAREN FEATHER |
| 2:2016cv01182 |
| August 5, 2016 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Mercer |
| Cynthia Reed Eddy |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
115
ORDER indicating that, for the reasons set forth in the accompanying Memorandum Opinion 114 , it is hereby ordered as follows: (1) The Report and Recommendation 109 filed on 10/25/18, by Magistrate Judge Cynthia Reed Eddy is adopted as the opinion of the Court; that the Motion for Summary Judgment filed by the DOC Defendants 93 is granted in its entirety based on Plaintiff's failure to exhaust his administrative remedies; (2) The Report and Recommendation 110 filed on 10/25/18, by Ma gistrate Judge Cynthia Reed Eddy is adopted as the opinion of the Court; that the Motion for Summary Judgment filed by the Medical Defendants 97 is granted as to Plaintiff's constitutional claims; (3) that Plaintiff's state law claims b rought against the Medical Defendants are dismissed without prejudice for want of jurisdiction; that the Clerk of Court mark this case closed; that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Appellate Rules of Appellate Procedure. Signed by Judge Nora Barry Fischer on 12/17/18. (jg)
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Filing
90
ORDER denying 82 Plaintiff's Motion to waive the requirement or necessity for a certificate of merit; and denying without prejudice 85 the Medical Defendants' Motion to Strike. See Memorandum Order for further details. Signed by Magistrate Judge Cynthia Reed Eddy on 3/27/2018. (bsc)
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Filing
55
MEMORANDUM ORDER indicating that the Report and Recommendation 54 of Magistrate Judge Cynthia Reed Eddy is hereby adopted as the opinion of the district court; that the DOC Defendants' motion to dismiss 39 is granted, in part, and denied, in part. The DOC Defendants' motion 39 is granted to the extent that: 1. All claims against SCI-Mercer and the Department of Corrections are dismissed with prejudice; 2. The Eighth Amendment claims against Defendants Thompson, Woods, and Sulle nberger are dismissed with prejudice; The DOC Defendants' motion 39 is denied to the extent that:1. Plaintiff's Eighth Amendment claims against Bromley, Boggs, and Dellorso shall proceed to discovery; 2. Plaintiff's retaliation cla ims against Engstrom, Thompson, Bromley, Boggs, and Dellorso shall proceed to discovery; that the Medical Defendants' motion to dismiss 42 is granted, in part, and denied, in part. The Medical Defendants' motion 42 is granted to the extent that: 1. Plaintiff's Fourteenth Amendment claims are dismissed, with prejudice, and leave to amend such claims is denied; 2. Plaintiff's Monell claim against Correct Care Solutions is dismissed, without prejudice, and he is granted leave to amend his Monell claim but only to the extent that he can allege sufficient facts to allow the Court to conclude that his treatment, or lack thereof, was part of a pervasive corporate policy or custom, including a failure to train, which di rectly caused the constitutional violations about which he complains; The Medical Defendants' motion 42 is denied to the extent that: 1. Defendants' claims of res judicata are denied, without prejudice; 2.Plaintiff's Eighth Amend ment deliberate indifference claims against Defendants Morgan, Feathers and Ellers shall proceed to discovery; that this matter is hereby remanded to Magistrate Judge Eddy to conduct further proceedings and issue appropriate Orders. Signed by Judge Nora Barry Fischer on 9/7/17. (jg)
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