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BROWNSTEIN v. GIEDA

No. 3:08cv1634.

649 F.Supp.2d 368 (2009)

Robert BROWNSTEIN, Plaintiff v. Anthony GIEDA, individually and in his official capacity as a Member of the Scranton Police Department, Police Chief David Elliot, individually and in his official capacity as a member of the Scranton Police Department, the City of Scranton, the Scranton Police Department, Diane Chindemi, Jane Doe, Phlebotomist of Community Medical Center and Community Medical Center Healthcare Systems, Dr. Vincent Pollino, Lt. Joseph Smurl Community Medical Center Health Care System, and Community Medical Center, d/b/a CMC Hospital, Defendants.

United States District Court, M.D. Pennsylvania.

August 13, 2009.

Attorney(s) appearing for the Case

Craig P. Kalinoski, Craig P. Kalinoski, Esquire, Robert M. Buttner, Robert M. Buttner, Esquire, Elizabeth Anne Scoblick, The Perry Law Firm LLC, Scranton, PA, for Plaintiff.

Joel M. Wolff, John G. Dean, Shanna W. Williamson, Elliott Greenleaf & Siedzikowski, P.C., Gerald John Hanchulak, O'Malley, Harris, Durkin & Perry, P.C., Elizabeth Anne Scoblick, Mark T. Perry, Paul J. Wylam, The Perry Law Firm, L.L.C., Scranton, PA, for Defendants.

MEMORANDUM

JAMES M. MUNLEY, District Judge.

Before the court is Defendant Community Medical Center, Community Medical Center Healthcare system, Joseph Smurl, Diane Chindemi and Jane Doe's motion to dismiss. (Doc. 18).

Background

This case arises from the September 4, 2006 transport of plaintiff by Scranton, Pennsylvania police and ambulance to the Community Medical Center in that city. (Complaint (hereinafter "Complt.") (Doc. 1)...

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