West v. Varano

3 Citing cases

  1. Crawford v. McMillan

    CIVIL NO. 1:14-CV-1936 (M.D. Pa. Jun. 7, 2016)

    Consequently, to the extent that Crawford's complaint raises professional negligence claims against the Medical Defendants those claims will be dismissed. See West v. Varano, 2013 WL 4607427, at *2-3 & 6-7 (M.D.Pa. Aug. 29, 2013).

  2. Palakovic v. Wetzel

    CIVIL ACTION NO. 3:14-145 (W.D. Pa. Jun. 26, 2015)   Cited 6 times

    In sum, Plaintiffs have failed to allege facts showing that Defendants somehow discriminated against Palakovic on the basis of a disability when they placed him in the RHU for disciplinary reasons. See West v. Varano, No. 1:10-cv-2637, 2013 WL 4607427, at *9 (M.D. Pa. Aug. 29, 2013); Green v. Coleman, No. 2:13-cv-00008, 2013 WL 6185172, at *8 (W.D. Pa. Nov. 26, 2013) aff'd, 575 F. App'x 44 (3d Cir. 2014) (dismissing prisoner's ADA claim where there were no specific allegations that plaintiff was being denied access to any benefits, programs, or activities due to any disability). Accordingly, Plaintiffs' ADA claim against the Defendants will be dismissed.

  3. Overly v. Woodside

    CIVIL NO. 3:CV-14-0163 (M.D. Pa. Feb. 10, 2015)   Cited 2 times

    The Pennsylvania Department of Corrections, as a state agency of the Commonwealth of Pennsylvania, is entitled to Eleventh Amendment immunity in the absence of Pennsylvania's consent to be sued. See West v. Varano, No. 1:10-cv-2637, 2013 WL 4607427, *2 (M.D. Pa. Aug. 29, 2013); Lavia v. Pennsylvania Dep't of Corr., 224 F.3d 190, 195 (3d Cir. 2000). Defendant Incoming Publications Review Committee is a subdivision of the DOC and has no existence apart from the state.