Glantz v. Montgomery Cnty.

Full title: DELENE GLANTZ, both individually and as the Administratrix of the ESTATE…

Court: United States District Court, E.D. Pennsylvania

Date published: Jul 17, 2024

Civil Action 22-3868 (E.D. Pa. Jul. 17, 2024)

Opinion

Civil Action 22-3868

07-17-2024

DELENE GLANTZ, both individually and as the Administratrix of the ESTATE OF ELLIOT K. GLANTZ, Plaintiff, v. MONTGOMERY COUNTY, MAJOR SEAN SMITH, CORRECTIONAL OFFICER TONY SHADE, CORRECTIONAL OFFICER RILEY SINNER, CORRECTIONAL OFFICER JOSEPH BELLISSIMO, CORRECTIONAL OFFICER J. SUBRAMANI, CORRECTIONAL OFFICERS JOHN/JANE DOES 1-10, PRIMECARE MEDICAL, INC., MARISA FRIEDMAN, PSY.D., EMILY SCORDELLIS, PSY.D., and MEDICAL PROVIDERS JOHN/JANE DOES 1-10, Defendants.

HODGE, KELLEY B., J.

ORDER

HODGE, KELLEY B., J.

AND NOW, this 17th day of July, 2024, upon consideration of Defendants Montgomery County, Major Sean Smith, Correctional Officer Tony Shade, Correctional Officer Riley Sinner, Correctional Officer Joseph Bellissimo, and Correctional Officer J. Subramani's (collectively, the “County Defendants”) Motion to Dismiss (ECF No. 10); Defendant PrimeCare Medical, Inc. (“PrimeCare”), Marisa Friedman, Psy.D., and Emily Scordellis, Psy.D.'s (collectively, the “Medical Defendants”) Partial Motion to Dismiss (ECF No. 11); the responses thereto (ECF Nos. 12-14); and for the reasons set forth in the accompanying Memorandum, IT IS ORDERED as follows:

1. The County Defendant's Motion to Dismiss (ECF No. 10) is GRANTED IN PART and DENIED IN PART as follows:

a. The motion to dismiss claims against Defendants Major Smith and Bellissimo is GRANTED. Count I against Defendants Major Smith and Bellissimo is DISMISSED WITHOUT PREJUDICE.

b. The motion to dismiss claims against Defendants Shade, Sinner, and Subramani is DENIED.

c. The motion to dismiss claims against Defendant Montgomery County is GRANTED. Counts I and II against Defendant Montgomery County are DISMISSED WITHOUT PREJUDICE.

d. The motion to strike Plaintiff's request for punitive damages against the County is GRANTED.

2. The Medical Defendant's Partial Motion to Dismiss (ECF No. 11) is GRANTED IN PART and DENIED IN PART as follows:

a. The motion to dismiss claims against Defendant Dr. Scordellis is GRANTED. Count I against Defendant Dr. Scordellis is DISMISSED WITHOUT PREJUDICE.

b. The motion to dismiss claims against Defendant Dr. Friedman is DENIED.

c. The motion to dismiss claims against Defendant PrimeCare is DENIED.