IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
January 30, 2012
JASON LAVANCE STEWART, PLAINTIFF,
BERKS COUNTY PRISONS WARDEN GEORGE WAGNER, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Hon. Cynthia M. Rufe
AND NOW, this 30th day of January, 2012, upon consideration of the Motions to Dismiss filed by Defendant Prison Warden George Wagner [Doc. No. 10] and Defendant BCP Primary Physician Dr. Mary Beth Jackson [Doc. No. 18], and Plaintiff's Response in Opposition thereto, and for the reasons stated in the Memorandum Opinion filed this day, it is hereby ORDERED that the Motions to Dismiss are GRANTED in part and DENIED in part as follows:
1. The Motions to Dismiss are DENIED as to Plaintiff's medical indifference claims.
2. The Motions to Dismiss are GRANTED as to the following, which are hereby DISMISSED with prejudice: (1) Plaintiff's claims under the Sixth Amendment to the United States Constitution; (2) Plaintiff's claims under the equal protection clause of the Fourteenth Amendment to the United States Constitution; and (3) Plaintiff's state law negligence claims against Warden Wagner.
3. Plaintiff's state law negligence claims against Dr. Mary Beth Jackson are DISMISSED without prejudice; Plaintiff may file a motion to reassert his medical malpractice claims on or before March 1, 2012, if Plaintiff attaches to the motion the certificates of merit required by Pa. R. Civ. P. 1042.3; such a motion should include supplemental briefing on the viability of the claims under the applicable statute of limitations.
4. Defendants are hereby directed to answer the Complaint on or before March 15, 2012.
It is so ORDERED.
BY THE COURT: Cynthia M. Rufe
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