Opinion
CIVIL 4:18-cv-01793
03-24-2022
KATHLEEN HICKEY, As the Administratrix of Estate of Michael A. Serrano, Deceased, and in her Own Right, Plaintiff, v. KAREN MERRITT-SCULLY, MICHAEL MOCLOCK, RENEE KERR. Defendants.
ORDER
SUSAN E. SCHWAB UNITED STATES MAGISTRATE JUDGE
For the reasons set forth in the Memorandum Opinion filed concurrently with this Order, IT IS ORDERED that the motions for summary judgment (docs 43, 45) are GRANTED IN PART AND DENIED IN PART Specifically, regarding Hickey's professional negligence claims, the defendants' motions for summary judgment are DENIED. Regarding Hickey's Eighth Amendment claims, the defendants' motions for summary judgment are DENIED as it relates to Dr. Moclock and Merritt-Scully; however, the motion for summary judgment is GRANTED as it relates to Hickey's Eighth Amendment claims against Nurse Kerr. Regarding Hickey's § 1983 claim for failure to train, supervise, and discipline, the motion for summary judgment is GRANTED. Last, Merritt-Scully is DENIED summary judgment as to her claim of sovereign immunity.
IT IS FURTHER ORDERED that a status call is scheduled for April 12, 2022, at 10:30 a.m. The conference will be by telephone. Counsel for the plaintiff shall initiate the call by calling Chambers at (717) 221-3980.