Opinion
CIVIL 1:21-CV-01828
09-19-2022
KEITH S. BROWN, Plaintiff, v. SHANNON QUICLEY, et al., Defendants.
ORDER
JENNIFER P. WILSON UNITED STATES DISTRICT COURT JUDGE MIDDLE DISTRICT OF PENNSYLVANIA
AND NOW, on this 19th day of September, 2022, for the reasons set forth in the accompanying memorandum, IT IS ORDERED THAT:
1. Defendants' motion to dismiss, Doc. 24, is GRANTED in part and DENIED in part.
2. Plaintiff's Eighth Amendment claim against Defendants Stanish and Iannuzzi is not dismissed.
3. Plaintiff's Eighth Amendment claim against Defendant Wellpath is dismissed without prejudice.
4. Plaintiff's Fourteenth Amendment claim against Defendant Stanish is dismissed without prejudice.
5. Plaintiff's medical negligence claim against Defendants Stanish and Iannuzzi is dismissed without prejudice.
6. Plaintiff's intentional infliction of emotional distress claim against Defendants Stanish and Iannuzzi is dismissed without prejudice.
7. Plaintiff may file an amended complaint against Defendants that corrects the deficiencies identified in the accompanying Memorandum within twenty-one (21) days of the date of this Order.