Opinion
Civil Action 3:19-1101
03-29-2023
LISA LOUGHNEY, Plaintiff v. CORRECTIONAL CARE, INC., et al., Defendants/Third Party Plaintiffs v. LACKAWANNA COUNTY, et al., Third Party Defendants
ORDER
MALACHY E. MANNION United States District Judge
In accordance with the Memorandum issued this same day, IT IS HEREBY ORDERED THAT:
(1) Judge Arbuckle's Report and Recommendation, (Doc. 110), is ADOPTED in part and NOT ADOPTED in part;
(2) County Defendants' motion to dismiss, (Doc. 102), CCI Defendants' Third Party Complaint, (Doc. 94), is GRANTED in part and DENIED in part;
(3) County Defendants' motion to dismiss is DENIED with respect to CCI Defendants' contractual indemnity claim in Count I for Plaintiffs' civil rights claims in Counts I and II of the Amended Complaint, (Doc. 35). Accordingly, CCI Defendants' claim in Count I of their Third Party Complaint will proceed, at this stage of the litigation, to the extent it seeks contractual indemnity from Lackawanna County for Plaintiff's civil rights claims in Counts I and II of the Amended Complaint.
(4) County Defendants' motion to dismiss is GRANTED with respect to CCI Defendants' contractual indemnity claim in Count I for Plaintiff's negligence claims, and for CCI Defendants' contribution claim in Count III.
(5) Accordingly, CCI Defendants' contractual indemnity claim in Count I is DISMISSED without prejudice to the extent it seeks indemnity from Lackawanna County for Plaintiff's negligence claims (Counts IV and V), and CCI Defendants' contribution claim in Count III is DISMISSED without prejudice.