EVANS v. ROZUM et al
| JAMES D. EVANS |
| GERALD L. ROZUM, JOSEPH VISINSKY and PENNSYLVANIA DEPARTMENT OF CORRECTIONS |
| 3:2007cv00230 |
| September 19, 2007 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Somerset |
| Kim R. Gibson |
| Amy Reynolds Hay |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| None |
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| Document Text |
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Filing
198
MEMORANDUM OPINION re 121 MOTION for Summary Judgment filed by JAMES D. EVANS, 137 MOTION for Summary Judgment filed by DR. TIMOTHY MCGRATH, PRISON HEALTH SERVICES, INC., 131 MOTION for Summary Judgment filed by LT. JOHN DOE, DANIEL J. GEHLMANN, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, GERALD L. ROZUM, STEVEN M. GATES, JOSEPH VISINSKY and 147 Supplemental Motions for Summary Judgment. Signed by Chief U.S. Magistrate Judge Amy Reynolds Hay on 12/16/2009. (dgg)
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Filing
83
OPINION & ORDER that the Medical Defendants' 49 Motion to Dismiss & 54 supplemental motion to dismiss are granted in part and denied in part. They are granted as to all Fifth Amendment Claims, all discrimination claims under the ADA and Reh abilitation Act, all procedural due process claims, all takings clause claims, as to the First Amendment access to courts claims and as to all RICO claims. The motions are denied as to all deliberate indifference claims and as to all retaliation cla ims under the ADA, the Rehabilitation Act and the First Amendment. Further that, pursuant to the PLRA screening provisions, all discrimination claims under the ADA and the Rehabilitation Act are dismissed against all of the DOC defendants, as are all Fifth Amendment claims and the state law claims of intentional infliction of emotional distress. Signed by Magistrate Judge Amy Reynolds Hay on 11/24/2008. (dgg)
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