SCUTELLA v. ERIE COUNTY PRISON et al, No. 1:2019cv00245 - Document 70 (W.D. Pa. 2020)
Court Description: MEMORANDUM OPINION and ORDER re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment filed by AMBER CHAFFEE, ERIE COUNTY PRISON, STEVENS and 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MO TION for Summary Judgment filed by WEXFORD HEALTH SERVICES, JANE DOE, AMANDA HOLBY. For the reasons stated in the foregoing Memorandum Opinion issued this same date, IT IS HEREBY ORDERED that Defendants Erie County Prison, Lt. Stevens, and Amb er Chaffee's Motion to Dismiss (ECF No. 30) is GRANTED in part and DENIED in part as set out in the Court's accompanying Memorandum Opinion. For the same reasons, the Motion to Dismiss (ECF No. 38) filed by Defendants Wexford Health, Holby and Bhatti is DENIED. Scutella's claims for $250,000.00 in both compensatory and punitive damages are STRICKEN from the Complaint. Signed by Magistrate Judge Richard A. Lanzillo on 8/20/2020. (dm)
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SCUTELLA v. ERIE COUNTY PRISON et al Doc. 70 Case 1:19-cv-00245-RAL Document 70 Filed 08/20/20 Page 1 of 13 Dockets.Justia.com Case 1:19-cv-00245-RAL Document 70 Filed 08/20/20 Page 2 of 13 Case 1:19-cv-00245-RAL Document 70 Filed 08/20/20 Page 3 of 13 Case 1:19-cv-00245-RAL Document 70 Filed 08/20/20 Page 4 of 13 Case 1:19-cv-00245-RAL Document 70 Filed 08/20/20 Page 5 of 13 Case 1:19-cv-00245-RAL Document 70 Filed 08/20/20 Page 6 of 13 Case 1:19-cv-00245-RAL Document 70 Filed 08/20/20 Page 7 of 13 Case 1:19-cv-00245-RAL Document 70 Filed 08/20/20 Page 8 of 13 Case 1:19-cv-00245-RAL Document 70 Filed 08/20/20 Page 9 of 13 Case 1:19-cv-00245-RAL Document 70 Filed 08/20/20 Page 10 of 13 Case 1:19-cv-00245-RAL Document 70 Filed 08/20/20 Page 11 of 13 Case 1:19-cv-00245-RAL Document 70 Filed 08/20/20 Page 12 of 13 Case 1:19-cv-00245-RAL Document 70 Filed 08/20/20 Page 13 of 13 V. Conclusion Deendant Eie County Prison's moion to dismiss l be granted. To the extent Scutella sought to state a claim against Eie County, the Cort l provide Scutella ih one urther opporunity to amend his claim in that regard. Scutella may le an Amended Complaint within ourteen (14) days rom the date of his order. The moions to dismiss as applicable to the remaining Defendants wll be denied. An appropriate Order ollows. ORDER At Eie, Pennsylvania this 20h day of August 2020: For the reasons stated n the oregoing Memorandum Opinion issued this same date, IT IS HEREBY ORDERED that Defendants Eie County Prison, Lt. Stevens, and Amber Chafee's Moion to Dismiss ECF No. 30) is GNTED in part and DENIED in part as set out n the Court's accompanying Memorandum Opinion. For the same reasons, the Motion to Dismiss (ECF No. 38) iled by Defendants Wexord Health, Holby and Bhati is DENIED. Scutella's claims or $250,000.00 in both compensatory and puniive damages are STRICKEN rom he Complant. 13
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