Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Tuttle v. Wingard

United States District Court, W.D. Pennsylvania

June 10, 2015

GREGORY TUTTLE and CONNIE TUTTLE, his wife, Plaintiffs,
v.
TREVOR WINGARD, DANA PHILLIPS, VIRGINIA I. COOK, Executrix of the Estate of Bruce Dixon, M.D., ALLEGHENY COUNTY HEALTH DEPARTMENT, ALLEGHENY CORRECTIONAL HEALTH SERVICES, INC., ALLEGHENY COUNTY AND DAN ONORATO, Defendants.

REPORT AND RECOMMENDATION

LISA PUPO LENIHAN, Magistrate Judge.

I. RECOMMENDATION

It is respectfully recommended that the Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(f) (ECF No. 31) filed by Defendants Allegheny Correctional Health Services and Dana Phillips[1] be denied as it relates to the Monell claim against Allegheny Correctional Health Services, Inc., and denied as moot as to all other issues previously raised in their first Motion to Dismiss.

Therefore, should this Report and Recommendation be adopted as the Opinion of the Court, the claims remaining as to Allegheny Correctional Health Services, Inc., would be as follows:

1) 42 U.S.C. § 1983 claim for violation of the Eighth Amendment for deliberate indifference to serious medical needs;
2) Monell liability claim; and
3) Negligence claim, the derivative loss of consortium claim, and punitive damages claim.

The claims remaining as to Dana Phillips in her individual capacity are as follows:

1) 42 U.S.C. § 1983 claim for violation of the Eighth Amendment for deliberate indifference to serious medical needs;
2) Monell supervisory liability claim; and
3) Negligence claim, the derivative loss of consortium claim, and punitive damages claim.

II. REPORT

A. PROCEDURAL BACKGROUND

Plaintiffs, Gregory Tuttle ("Plaintiff") and his wife, Connie Tuttle (collectively "Plaintiffs") bring this action pursuant to 42 U.S.C. § 1983. Plaintiffs also include supplemental state law claims, including a claim for loss of consortium by wife Connie Tuttle.

All Defendants filed Motions to Dismiss the original Complaint. (ECF Nos. 8, 10, 11.) As to the Motion filed by the Defendants Dana Phillips ("Phillips"), and Allegheny Correctional Health Services, Inc. ("ACHS") (collectively "Medical Defendants") (ECF No. 8), the Court denied the motion as it related to the state law negligence claim against ACHS and Phillips, the § 1983 individual capacity claim against Phillips, and the claim for punitive damages. The Motion was granted as it related to the Fifth Amendment claim, the Fourteenth Amendment claim; the § 1983 official capacity claim against Phillips, and any state medical malpractice claims. The Court's Order was without prejudice to Plaintiffs filing an amended complaint as it related to the Monell claim against ACHS and whether it was on notice that a constitutional violation like the one allegedly sustained by Plaintiff could occur, and ACHS decision-makers acted with deliberate indifference to that risk. (ECF No. 28, ECF No. 24 at 19-20.)

Thereafter, Plaintiffs filed a First Amended Complaint (ECF No. 30). The First Amended Complaint includes new averments concerning the Monell claim. The Medical Defendants now move to dismiss the First Amended Complaint. (ECF No. 31.)

B. FACTUAL AVERMENTS

In 1994, Plaintiff underwent surgery for a right hip implant. (ECF No. 30 at ¶ 46.) In November of 2011, Plaintiff was an inmate at the Allegheny County Jail ("ACJ"). (ECF No. 30 at ¶¶ 43, 45.) Plaintiff avers that the above-captioned Defendants were aware of his previous hip implant procedure. (ECF No. 30 at ¶ 46.)

In November 2011, while working in the jail kitchen, Plaintiff slipped and fell, injuring his right side and hip. (ECF No. 30 at ¶¶ 44-45.) Plaintiff avers that prior to this incident, he had not experienced ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.