Herron v. Harris

Full title: DEMETRICE HERRON, Plaintiff, v. KASEY HARRIS, et al., Defendants.

Court: United States District Court, Middle District of Pennsylvania

Date published: Jun 14, 2024

4:23-CV-01996 (M.D. Pa. Jun. 14, 2024)

Opinion

4:23-CV-01996

06-14-2024

DEMETRICE HERRON, Plaintiff, v. KASEY HARRIS, et al., Defendants.

Brann Chief Judge

ORDER

Brann Chief Judge

AND NOW, this 14^th day of June 2024, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:

1. Defendants' motion (Doc. 11) to dismiss under Federal Rule of Civil Procedure 12(b)(6) is GRANTED in part and DENIED in part, as follows:

a. Plaintiff's Section 1983 Eighth Amendment medical indifference claim against defendant Wellpath, LLC is DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(6).

b. Defendants' motion is DENIED in all other respects.

2. The Clerk of Court is directed to terminate defendant Wellpath, LLC.

3. This case shall proceed on the following Section 1983 claim: Eighth Amendment deliberate indifference to serious medical needs against defendant Kacie Harris.

4. Defendant Harris shall respond to the single remaining claim identified in paragraph 3 above as required by Federal Rule of Civil Procedure 15.