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MIDDLETON v. STERNBERGER

United States District Court, E.D. Pennsylvania


July 26, 2004.

GREGORY MIDDLETON Plaintiff,
v.
GREGORY STERNBERGER, ET AL Defendant.

The opinion of the court was delivered by: RONALD BUCKWALTER, District Judge

MEMORANDUM AND ORDER

Defendant Temple University Hospital Episcopal Campus (Temple) has filed a motion for summary judgment to which the plaintiff has filed no response.

Plaintiff's claim under ยง 1983 as to this defendant fails because there is no evidence of record to show that this defendant, Temple, is a state actor. That is to say, there is no evidence that "Nurse Jane Doe and Medical Director at the emergency room" were county or state employees, acting as agents of the Government.

  Moreover, even if plaintiff could establish at trial that Temple is a state actor, there is no evidence of record that Temple acted with deliberate indifference to plaintiff's serious medical needs. In fact the record shows quite the opposite. (See Exhibit "C")

  Finally, plaintiff offers no evidence of a civil conspiracy between Temple and any state defendants or actors.

  In short, plaintiff has not met his burden of establishing the existence of the elements on which he bears the burden of proof.

  An Order follows: ORDER

  And now this 26th day of July 2004, upon consideration of Defendant. Temple University Hospital Episcopal Campus' Motion for Summary Judgment pursuant to Fed.R.Civ.P. 56(c), and plaintiff's's lack of response thereto, it is hereby ORDERED AND DECREED that said Motion is GRANTED.

  It is further ORDERED AND DECREED that judgment is entered in favor of Temple University Hospital Episcopal Campus, incorrectly identified as "Epistapol" Hospital, and that it is DISMISSED for this action with prejudice.

20040726

© 1992-2004 VersusLaw Inc.



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