United States District Court, E.D. Pennsylvania
July 26, 2004.
GREGORY MIDDLETON Plaintiff,
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 § 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.
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