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16-1680 - BROWN v. WEXFORD HEALTH SOURCES, INC. et al


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16-1680 - BROWN v. WEXFORD HEALTH SOURCES, INC. et al
April 24, 2018
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MEMORANDUM ORDER. Magistrate Judge Eddy's Orders dated January 31, 2018 (Doc. 147) and February 26, 2018 (Docs. 163 and 164) were neither clearly erroneous nor contrary to law. See generally Fed. R. Civ. P. 72(a) (reciting standards of review governing magistrate judges' non-dispositive rulings). Accordingly, Plaintiff's Appeal (Doc. 168) is DENIED, and Judge Eddy's ruling is AFFIRMED. Signed by Judge Cathy Bissoon on 04/24/18. (alj)
June 28, 2018
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MEMORANDUM OPINION & ORDER. The DOC Defendants' Motion to Dismiss (Doc. 82) will be granted in part and denied in part. The Motion will be granted (i) as to all claims against Defendants Wolf, Beard, and Wetzel; (ii) all claims against the Hepatitis C Treatment Committee; (iii) all state law tort claims (Counts X XVIII, inclusive); (iv) all retaliation claims (Count VI); and (v) all claims alleging denial of access to courts(Counts VIII and IX). The Motion will be denied as to (i) any supervisory claims against Defendants Gordon, Guth, Vihlidal and Knauer; (ii) any claims against The Bureau of HealthCare Services Assistant Medical Director and the Bureau of Health Care Services Infection Control Coordinator; (iii) all official capacity claims; and (iv) all Eighth Amendment claims pertaining to Plaintiffs alleged deficient diet (Count II). Any additional Eighth Amendment claims alleging the DOC Defendants are deliberately indifferent to Plaintiffs serious medical needs will also proceed (Counts I, III, IV, and V). The Corizon Defendants' Motions to Dismiss (Docs. 100 and 143) will be granted in their entirety. Medical Defendants' Motion to Dismiss (Doc. 104) will be GRANTED in part and DENIED in part. Specifically, the Motion will be granted as to (i) all state court tort claims; (ii) all retaliation claims (Count VI; (iii) all access to court claims (Counts VIII and IX); (iv) all professional negligence claims (Counts X, XI, XVII); (v) the negligence claims (Counts XII and XV); (vi) the breach of contract claim (Count XIII); and (vii) the equitable estoppel claim (Count XVI). The Motion is denied as to (i) all deliberate indifference to serious medical needs (Counts I, II, III, IV, and V); (ii) the Monel claim alleged against Wexford Health and Correct Care Solutions (Count X); and (iii) the intentional infliction of emotional distress and assault and battery claims (Counts XIV and XVIII). Signed by Judge Cathy Bissoon on 06/28/2018. (alj)