Elliott Greenleaf Secures Third Circuit Affirmance of Defendants’ Summary Judgment Ruling in Civil Rights Action Dismissing All Claims

On May 7, 2013, the United States Court of Appeals for the Third Circuit affirmed the district court’s grant of summary judgment in favor of Correctional Medical Care, Inc. (“CMC”) and Montgomery County. The Third Circuit affirmed the dismissal of all claims with prejudice. See Defreitas v. Montgomery County Correctional Facility, et al., No. 12-3305 (3d Cir. 2013).

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The plaintiff was an above-the-knee amputee inmate at the Montgomery County Correctional Facility, who required a prosthesis, crutches or other ambulatory means to maneuver around the jail. CMC provided medical care for inmates at the jail for Montgomery County. The plaintiff alleged that CMC denied him access to the main prison yard and gym, and delayed providing him with a new prosthesis leg. He brought claims under several federal statutes, including 42 U.S.C. §1983 and the Americans with Disabilities Act.

The district court previously agreed with Elliott Greenleaf‘s Motion for Summary Judgment, and found that, contrary to the Plaintiff’s allegations, CMC repeatedly and responsibly treated the inmate for a wide range of alleged maladies, and secured for the Plaintiff a new prosthesis. The Third Circuit also agreed with Elliott Greenleaf’s position, and affirmed the district court’s order dismissing all claims. The Third Circuit also held that the Plaintiff failed to exhaust his internal remedies as to several allegations and that he failed to adduce any facts to support the remaining claims.

The Firm’s Timothy T. Myers and Gregory S. Voshell represented Correctional Medical Care.