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Tuttle v. Wingard

United States District Court, W.D. Pennsylvania

July 7, 2015

GREGORY TUTTLE, et. al., Plaintiffs,
v.
TREVOR WINGARD, et. al., Defendants.

MEMORANDUM ORDER

CATHY BISSOON, District Judge.

This case was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Local Rule of Civil Procedure 72.

On June 10, 2015, the Magistrate Judge issued a Report (Doc. 43) recommending that Defendant's Motion to Dismiss (Doc. 31) be denied. Service of the Report and Recommendation was made on the parties, and no objections have been filed.

After a review of the pleadings and documents in the case, together with the Report and Recommendation, the following Order is entered:

The Motion to Dismiss by Defendants Allegheny Correctional Health Services, Inc. and Dana Phillips[1] (Doc. 31) is DENIED. The Motion is 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 Defendants' first Motion to Dismiss (Doc. 8), and subsequently ruled upon by the Court. (Docs. 24, 28).

Therefore, the claims remaining as to Allegheny Correctional Health Services, Inc., are as follows:

1) 42 U.S.C. § 1983 claim for violation of the Eighth Amendment to the United States Constitution 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.

The Magistrate Judge's Report and Recommendation dated June 10, 2015, hereby is adopted as the Opinion of the District Court.

IT IS SO ORDERED.


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