WHEELER v. PRISON HEALTH SERVICES, INC. (E.D.Pa. 9-1-2010)

AND NOW, this 1^st day of September, 2010, upon consideration of defendants Beard and DiGuglielmo's motion to dismiss, the motion of Prison Health Services, Inc. and John Doe #1 (Richard Stefanic, M.D.), and plaintiff's responses thereto; following a conference at which all parties were present and heard, and for the reasons set forth in the accompanying memorandum, it is ORDERED that:

1. Defendants Beard and DiGuglielmo's motion to dismiss [ paper no. 31] is GRANTED in part and DENIED in part. It is GRANTED as to plaintiff's request for compensatory damages. It is DENIED without prejudice to a motion for summary judgment as to the official-capacity action for injunctive relief.

2. The motion of Prison Health Services, Inc. ("PHS") and John Doe #1 [ paper no. 32] is GRANTED in part and DENIED in part. It is GRANTED as to: (a) Count I against John Doe #1; (b) Count II in its entirety; and (c) Count III against PHS and John Doe #1. Because Count II fails as a matter of law, it shall not be reasserted in a third amended complaint. The motion is DENIED without prejudice to a motion for summary judgment as to Count I (plaintiff's Eighth Amendment claim) against PHS. The motion to dismiss based on the applicable statute of limitations is DENIED without prejudice to a motion reasserting the argument against the third amended complaint.

3. Plaintiff shall have forty-five (45) days to file a third amended complaint: (a) correcting the caption by obtaining the names of the new secretary of the Department of Corrections and the new warden at SCI-Graterford; (b) substituting the John Doe defendants with properly named individuals; (c) addressing exhaustion of administrative remedies and the statute of limitations; and (d) specifying the nature of the requested prospective relief. During this forty-five (45) day period, plaintiff may conduct limited discovery regarding the identity of the John Doe defendants and the statute of limitations.