ROGAN et al v. COUNTY OF LAWRENCE, PENNSYLVANIA et al
Filing
27
MEMORANDUM ORDER. It is hereby ORDERED that 10 Partial Motion to Dismiss is GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART. It is further ORDERED that 26 Report and Recommendation is ADOPTED as the opinion of the Court. And it is further ORDERED that this case is REMANDED back to the Chief Magistrate Judge for all further pretrial proceedings. Signed by Judge Mark R. Hornak on 7/2/13. (bdb)
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MARCIE A. ROGAN and JAMES N.
RAISLEY, Co-Administrators ofthe
Estate ofKathleen Ann Rogan,
Deceased,
Plaintiff,
v.
COUNTY OF LAWRENCE,
PENNSYLVANIA, BRIAN COVERT,
Warden ofthe Lawrence County
Correctional Facility, JOHN DOE #1,
Lawrence County Correctional Facility
Employee, PRIME CARE MEDICAL,
INC., JOHN DOE #2, Physician
Employee, JOHN DOE #3, Medical
SpeCialist Employee ofPrime Care
Medical Inc.,
Defendants.
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Civil Action No. 12 - 1375
District Judge Mark R. Hornak
Chief Magistrate Judge Lisa Pupo Lenihan
MEMORANDUM ORDER
This case is before the Court on the pending Report and Recommendation filed by Chief
Magistrate Judge Lenihan on June 5, 2013. (ECF No. 26.) Judge Lenihan recommended that the
Partial Motion to Dismiss filed by Lawrence County and Warden Covert (ECF No. 10) be
granted in part and denied without prejudice in part. The parties were served with the Report and
Recommendation and infonned that they had until June 24, 2013, to file written objections. No
objections were filed. Therefore, after de novo review of the pleadings and documents in the
case, together with the Report and Recommendation, the following order is entered.
AND NOW, this 2nd day of July, 2013,
IT IS HEREBY ORDERED that the Partial Motion to Dismiss filed by Lawrence
County and Warden Covert (ECF No. 10) is GRANTED in part and DENIED without
prejudice in part. The motion is granted as follows:
(1) Plaintiffs wrongful death (Count 7) and survival (Count 8) claims against Lawrence
County and Warden Covert in his official capacity are dismissed.
(2) All Counts against all Defendants are dismissed to the extent Plaintiffs bring suit in
their own right.
(3) Plaintiff Raisley's wrongful death claim asserted on behalf of his minor child is
dismissed.
(4) Plaintiffs' claims against Warden Covert (Counts 7 and 8) in his official capacity are
dismissed as being duplicative of the claims against Lawrence County.
(5) Plaintiffs' state-created danger claims against John Doe #1 (Count 3) and Lawrence
County (Count 4) are dismissed.
(6) Plaintiffs' "special relationship" claim against John Doe #1 and Lawrence County
(Count 5) is dismissed.
(7) Plaintiffs' claim for punitive damages against Lawrence County and Warden Covert
in his official capacity is dismissed.
The motion is denied without prejudice as to Plaintiffs' remaining claims asserted against John
Doe #1 (Counts 1, 7 and 8).
IT IS FURTHER ORDERED that the Report and Recommendation dated June 5,2013
(ECF No. 26) is ADOPTED as the opinion of this Court.
AND IT IS FURTHER ORDERED that this case is remanded back to the Chief
Magistrate Judge for all further pretrial proceedings.
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United States District Judge
cc: Counsel of Record
(Via ECF Electronic Mail)
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