PHILADELPHIA (LN) — A federal judge here granted in part a motion to dismiss claims by a prisoner alleging deliberate indifference to his medical needs, dismissing without prejudice claims based on conduct before November 11, 2024, and sending those pre-petition claims to the U.S. Bankruptcy Court for the Southern District of Texas.
U.S. District Judge Kelley Brisbon Hodge ruled Thursday that claims against Wellpath LLC, Dr. Annino, Dr. Letizio, and PA Kaminsky seeking damages for pre-petition conduct must proceed in bankruptcy court, if appropriate.
In all other respects, the motion was denied, leaving intact deliberate indifference claims against all defendants based on post-petition conduct.
Eric Smith filed the civil rights suit in the Eastern District of Pennsylvania.
The court ordered defendants to file a responsive pleading to the remaining claims under Federal Rule of Civil Procedure 12(a)(4).