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Douglas, v. Doe

United States District Court, E.D. Pennsylvania

September 12, 2014

MONTRELLE DANIEL DOUGLAS,
v.
JANE DOE, ET AL

ORDER

R. BARCLAY SURRICK, District Judge.

AND NOW, this 12th day of September, 2014, upon consideration of Defendant Joseph Korszniak's Motion to Dismiss (ECF No. 30) and Defendants Pennsylvania State Department of Corrections, John Wetzel, and William Lewis's Motion to Dismiss (ECF No. 31), and all papers submitted in support thereof and in opposition thereto, it is ORDERED as follows:

1. Defendants' Motions are GRANTED in part and DENIED in part as to Count One (42 U.S.C. § 1983). Count One is DISMISSED as to Defendant Wetzel.
2. Defendants' Motions are GRANTED as to Count Two (42 U.S.C. § 1983). Count Two is DISMISSED as to all Defendants.
3. Defendants' Motions are GRANTED as to Count Three (Americans with Disability Act, 42 U.S.C. § 12101). Count Three is DISMISSED as to all Defendants.
4. Defendants' Motions are GRANTED as to Count Four (Intentional Infliction of Emotional Distress). Count Four is DISMISSED as to all Defendants.
5. Defendants' Motions are GRANTED in part and DENIED in part as to Count Five (Negligent Infliction of Emotional Distress). Count Five is DISMISSED as to Defendants Wetzel and Lewis.
6. Defendants Wetzel and Pennsylvania State Department of Corrections are DISMISSED from this action.

IT IS SO ORDERED.


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