Filed: Jul. 17, 2019
Latest Update: Jul. 17, 2019
Summary: ORDER JAN E. DuBOIS , District Judge . AND NOW, this 16th day of July, 2019, upon consideration of Defendants' Motion for Summary Judgment filed by defendants City of Philadelphia, Justin Avery, William Gwalthney and Lavern Joyner (Document No. 40, filed May 31, 2018), Motion for Summary Judgment filed by defendants Corizon Health, Inc. and Tairu Wahabu, R.N. (Document No. 41, filed June 1, 2018), Plaintiff's Consolidated Response in Opposition to Defendants' Motions for Summary Judgment
Summary: ORDER JAN E. DuBOIS , District Judge . AND NOW, this 16th day of July, 2019, upon consideration of Defendants' Motion for Summary Judgment filed by defendants City of Philadelphia, Justin Avery, William Gwalthney and Lavern Joyner (Document No. 40, filed May 31, 2018), Motion for Summary Judgment filed by defendants Corizon Health, Inc. and Tairu Wahabu, R.N. (Document No. 41, filed June 1, 2018), Plaintiff's Consolidated Response in Opposition to Defendants' Motions for Summary Judgment (..
More
ORDER
JAN E. DuBOIS, District Judge.
AND NOW, this 16th day of July, 2019, upon consideration of Defendants' Motion for Summary Judgment filed by defendants City of Philadelphia, Justin Avery, William Gwalthney and Lavern Joyner (Document No. 40, filed May 31, 2018), Motion for Summary Judgment filed by defendants Corizon Health, Inc. and Tairu Wahabu, R.N. (Document No. 41, filed June 1, 2018), Plaintiff's Consolidated Response in Opposition to Defendants' Motions for Summary Judgment (Document No. 43, filed June 27, 2018), Defendants' Reply to Plaintiff's Response to Defendants' Motion for Summary Judgment filed by defendants City of Philadelphia, Justin Avery, William Gwalthney and Lavern Joyner (Document No. 47, filed July 11, 2018), and Reply Brief in Support of Motion for Summary Judgment of Defendants Corizon Health, Inc. and Tairu Wahabu, R.N. (Document No. 50, filed July 19, 2018), for the reasons set forth in the accompanying Memorandum dated July 16, 2019, IT IS ORDERED as follows:
1. Defendants City of Philadelphia, Justin Avery, William Gwalthney and Lavern Joyner's Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART, as follows:
a. That part of City defendants' Motion seeking summary judgment on plaintiff's Fourteenth Amendment deliberate indifference claims against Avery, Gwalthney, and Joyner is GRANTED.
b. That part of the City defendants' Motion seeking summary judgment on plaintiff's Fourteenth Amendment Monell claim against the City of Philadelphia is DENIED.
2. Defendants Corizon Health, Inc. and Tairu Wahabu, R.N.'s Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART, as follows:
a. That part of Corizon defendants' Motion seeking summary judgment on plaintiff's Fourteenth Amendment deliberate indifference claim against Wahabu is GRANTED.
b. That part of Corizon defendants' Motion seeking summary judgment on plaintiff's negligence claims against Wahabu and against Corizon based on Corizon's respondeat superior liability is DENIED.
c. That part of Corizon defendants' Motion seeking summary judgment on plaintiff's punitive damages claim against Wahabu is GRANTED.
d. Those unopposed parts of Corizon defendants' Motion seeking summary judgment on plaintiff's claims of municipal liability and corporate negligence against Corizon are GRANTED.1
3. Plaintiff's Eighth Amendment deliberate indifference and Monell claims are marked WITHDRAWN WITH PREJUDICE by agreement of plaintiff.
IT IS FURTHER ORDERED that a conference for the purpose of scheduling further proceedings will be conducted in due course.
