Opinion
4:22-CV-01153
05-30-2024
TODD ALAN BROWN, Plaintiff, v. OFFICER WEB, et al., Defendants.
ORDER
Matthew W. Brann Chief United States District Judge
AND NOW, this 30th day of May 2024, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:
1. Defendants' motions (Docs. 61, 63) to dismiss under Federal Rule of Civil Procedure 12(b)(6) are GRANTED in part and DENIED in part, as follows:
a. Plaintiff's Section 1983 Fourteenth Amendment medical indifference claim against defendant Kati Cruz is DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(6).
b. Plaintiff's declaratory claim under Article 1 Section 9 of the Pennsylvania Constitution against Cruz is DISMISSED with prejudice pursuant to Rule 12(b)(6).
c. Plaintiff's claims of First Amendment retaliation, Fourteenth Amendment procedural due process infringement, false arrest, false imprisonment, intentional infliction of emotional distress, and negligence-to the extent they are asserted in the second amended complaint-are DISMISSED with prejudice as to both Defendants for failure to state a claim upon which relief may be granted.
d. Plaintiff's official capacity claims are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and (iii) as to both Defendants.
e. Defendants' motions are DENIED in all other respects.
2. This case shall proceed on the following claims only: (1) Section 1983 Fourteenth Amendment deliberate indifference to serious medical needs against defendant Theresa Balum; (2) declaratory relief against Balum under Article 1 Section 9 of the Pennsylvania Constitution for alleged medical indifference; and (3) state-law medical malpractice against Balum and Cruz.
3. Defendants shall respond to the remaining claims listed in paragraph 2 above as required by Federal Rule of Civil Procedure 15.