Filed: May 25, 2016
Latest Update: May 25, 2016
Summary: ORDER JAN E. DuBOIS , District Judge . AND NOW , this 24th day of May, 2016, upon consideration of Chester County Defendants' Motion to Dismiss Plaintiffs' Complaint Pursuant to Rule 12(b)(6) and Rule 12(e) (Document No. 14, filed December 9, 2015), and Commonwealth Defendants' Motion to Dismiss Plaintiffs' Complaint (Document No. 22, filed January 29, 2016), and the related filings of the parties, for the reasons stated in the Memorandum dated May 24, 2016, IT IS ORDERED as follows: 1.
Summary: ORDER JAN E. DuBOIS , District Judge . AND NOW , this 24th day of May, 2016, upon consideration of Chester County Defendants' Motion to Dismiss Plaintiffs' Complaint Pursuant to Rule 12(b)(6) and Rule 12(e) (Document No. 14, filed December 9, 2015), and Commonwealth Defendants' Motion to Dismiss Plaintiffs' Complaint (Document No. 22, filed January 29, 2016), and the related filings of the parties, for the reasons stated in the Memorandum dated May 24, 2016, IT IS ORDERED as follows: 1. ..
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ORDER
JAN E. DuBOIS, District Judge.
AND NOW, this 24th day of May, 2016, upon consideration of Chester County Defendants' Motion to Dismiss Plaintiffs' Complaint Pursuant to Rule 12(b)(6) and Rule 12(e) (Document No. 14, filed December 9, 2015), and Commonwealth Defendants' Motion to Dismiss Plaintiffs' Complaint (Document No. 22, filed January 29, 2016), and the related filings of the parties, for the reasons stated in the Memorandum dated May 24, 2016, IT IS ORDERED as follows:
1. That part of the County Defendants' Motion to Dismiss which seeks dismissal of all claims against defendant Chester County Department of Mental Health/Intellectual Disabilities Services is GRANTED. Plaintiffs' Due Process claims under § 1983 (Count V) against defendant Chester County Department of Mental Health/Intellectual Disabilities Services is DISMISSED WITH PREJUDICE. All other claims against defendant Chester County Department of Mental Health/Intellectual Disabilities Services are DISMISSED WITHOUT PREJUDICE to plaintiffs' right to file an amended complaint naming Chester County as a defendant within twenty (20) days if warranted by the facts and applicable law;
2. That part of the Motions to Dismiss which seeks dismissal of plaintiffs' Title XIX of the Social Security Act claims under § 1983 (Count III) is GRANTED IN PART AND DENIED IN PART as follows:
a. That part of the Commonwealth Defendants' Motion to Dismiss which seeks the dismissal of plaintiffs' Medicaid Act claims under § 1983 (Count III) against defendant Commonwealth of Pennsylvania Department of Human Services and defendant Commonwealth of Pennsylvania, Department of Human Services, Office of Developmental Programs is GRANTED, and these claims are DISMISSED WITH PREJUDICE;
b. That part of the County Defendants' Motion to Dismiss which seeks the dismissal of plaintiffs' Medicaid Act claims under § 1983 (Count III) against defendants Entrekin and Thrash in their official capacities is GRANTED, and these claims are DISMISSED WITH PREJUDICE;
c. That part of the Motions to Dismiss which seeks the dismissal of plaintiffs' Medicaid Act claims under § 1983 (Count III) against defendants Dallas, Mackereth, Alexander, Thaler, Suroviec, Frantz, Friel, Entrekin, and Thrash in their individual capacities is GRANTED, and these claims are DISMISSED WITHOUT PREJUDICE to plaintiffs' right to file an amended complaint within twenty (20) days if warranted by the facts and applicable law;
d. That part of the Commonwealth Defendants' Motion to Dismiss which seeks the dismissal of plaintiffs' Medicaid Act claims under § 1983 (Count III) against defendants Dallas and Thaler in their official capacities is DENIED;
3. That part of the Motions to Dismiss which seeks the dismissal of plaintiffs' Equal Protection claims under § 1983 (Count IV) and common law claims for intentional infliction of emotional distress (Count VII1) against all defendants is GRANTED, and Counts IV and VII are DISMISSED WITHOUT PREJUDICE to plaintiffs' right to file an amended complaint within twenty (20) days if warranted by the facts and applicable law.
4. That part of the Motions to Dismiss which seeks the dismissal of plaintiffs' Due Process claims under § 1983 (Count V) against all defendants is GRANTED, and Count V is DISMISSED WITH PREJUDICE;
5. That part of the County Defendants' Motion to Dismiss which seeks the dismissal of plaintiffs' claims under the Pennsylvania Mental Health/Intellectual Disability Act of 1966 (Count VI) against all County defendants is GRANTED, and Count VI is DISMISSED WITHOUT PREJUDICE to plaintiffs' right to provide the Court with authority establishing that they have a private right of action to enforce the applicable provisions of the MH/ID Act and to seek reconsideration of such dismissal on that ground;
6. The Motions to Dismiss are DENIED IN ALL OTHER RESPECTS.
