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O'Donnell v. Pennsylvania Dep't of Corrections

February 2, 2010

KELLEY O'DONNELL, PLAINTIFF,
v.
PENNSYLVANIA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Judge McClure

Magistrate Judge Smyser

MEMORANDUM

BACKGROUND

On January 22, 2008, pro se plaintiff Kelley O'Donnell, an inmate at the State Correctional Institution at Muncy ("SCI-Muncy") in Muncy, Pennsylvania, initiated this action by filing a complaint against nineteen (19) defendants. (Rec. Doc. No. 1). On February 14, 2008, O'Donnell filed a First Amended Complaint (Rec. Doc. No. 12) and, on April 21, 2008, she filed a Second Amended Complaint (Rec. Do. No. 21). O'Donnell filed a Third Amended Complaint on April 30, 2009. (Rec. Doc. No. 79).

In her Third Amended Complaint, O'Donnell named twenty-three (23) individuals and entities as defendants. These defendants included Jeffrey Beard, Secretary of Corrections at the Pennsylvania Department of Corrections ("DOC"); Shirley Moore, Deputy Secretary of Corrections at the DOC and former Superintendent at SCI-Muncy; Dawn Chamberlain, Superintendent at SCI-Pittsburgh and former Superintendent at SCI-Muncy; Marirosa Lamas, Superintendent at SCI-Muncy; Karen Fultz, former Deputy of Centralized Services and Facility Management at SCI-Muncy; Joanne Torma, former Deputy of Centralized Services and Facility Management at SCI-Muncy; Jill Shepler, Deputy of Centralized Services and former Corrections Classification Program Manager at SCI-Muncy; Wendy Nicholas, Corrections Classification Program Manager at SCIMuncy; Joseph Bertone, Unit Manager of E Unit at SCI-Muncy; Donald Fiske, former Corrections Health Care Administrator at SCI-Muncy; Gloria Diggan, Corrections Health Care Administrator at SCI-Muncy; Nancy Day, a nurse at SCIMuncy; and the DOC. Id. at 2-4. These defendants hereinafter will be referred to as the Corrections Defendants.

O'Donnell also named as defendants Prison Health Services, Inc. ("Prison Health Services"), a medical care provider for inmates at state institutions, including SCI-Muncy, in Pennsylvania; Jennifer Johnson, an on-site administrator for Prison Health Services; Paul Noel, the statewide medical director for Prison Health Services; and Carlos Rodriguez Broatch, Craig Bardell, Judith Prophette, Tony Reed, Andrew Fabian, Michael Weisner, and Gregory Famiglio, who were all medical directors or doctors for either SCI-Muncy or Prison Health Services. Id. at 3-4. These defendants hereinafter will be referred to as the Medical Defendants.

There are seven counts in O'Donnell's Third Amended Complaint. Counts 1, 2, and 3 allege, based on 42 U.S.C. § 1983, violations of the Eighth Amendment of the United States Constitution. In Count 4, O'Donnell raises a claim based upon medical negligence. In Count 5, O'Donnell raises a claim under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101, et seq. Finally, in Counts 6 and 7, O'Donnell alleges, based on 42 U.S.C. § 1983, that defendants violated the Fourteenth Amendment.

PROCEDURAL HISTORY

Initially, the instant matter was assigned to United States Magistrate Judge J. Andrew Smyser. On November 2, 2009, O'Donnell filed a motion to withdraw her complaint against the Medical Defendants. (Rec. Doc. No. 153). On November 4, 2009, Magistrate Judge Smyser granted her request to withdraw these claims. (Rec. Doc. No. 154). In light of this withdrawal, defendants Prison Health Services, Johnson, Noel, Broatch, Prophette, Reed, Fabian, Bardell, Weisner, and Famiglio, referred to herein as the Medical Defendants, were dismissed from the suit.

On June 23, 2009, the Corrections Defendants filed a "Motion Pursuant to Fed. R. Civ. P. 12(b)(6) to Dismiss Less Than All the Claims Set Forth in Plaintiff's Third Amended Complaint," as well as a brief in support. (Rec. Doc. Nos. 107 and 108). O'Donnell filed a brief opposing the motion to dismiss on October 28, 2009. (Rec. Doc. No. 152). The Corrections Defendants did not file a reply brief.

On December 31, 2009, Magistrate Judge Smyser issued a Report and Recommendation in which he granted in part and denied in part the Corrections Defendants' motion to dismiss. (Rec. Doc. No. 161). In his Report and Recommendation, Magistrate Judge Smyser recommended that O'Donnell's § 1983 claims for monetary damages as to Beard and Lamas be dismissed; however, the magistrate judge also recommended that O'Donnell's § 1983 claims for injunctive relief against Beard and Lamas in their official capacities not be dismissed. In addition, the magistrate judge recommended that those claims under the ADA against Beard, Moore, Chamberlain, Fultz, Torma, Shepler, Diggan, Bertone, and Nicholas in their individual capacities be dismissed. On the other hand, it was also the magistrate judge's recommendation that those claims seeking injunctive relief under the ADA against Beard, Moore, Chamberlain, Fultz, Torma, Shepler, Diggan, Bertone, and Nicholas in their official capacities not be dismissed.

On January 25, 2010, O'Donnell filed a motion for an extension of time in which to file her objections to Magistrate Judge Smyser's Report and Recomendation. (Rec. Doc. No. 163). We granted O'Donnell's motion, requiring that she file her objections to the Report and Recommendation no later than February 1, 2010. (Rec. Doc. No. 164). On January 26, 2010, O'Donnell filed her objections. (Rec. Doc. No. 165).

In light of the above, the instant matter is now ripe for disposition. Because we agree with Magistrate Judge Smyser's thorough analysis and recommendation, and because we conclude that O'Donnell's objections to the Report and Recommendation are unavailing, we will adopt the Report and Recommendation in full. Therefore, we ...


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