Tuesday, April 12, 2022

Section 1983 Claims in Context of Nursing Home Litigation Reviewed

In the case of Tammaro v. County of Chester, No. 21-3811 (E.D. Pa. Feb. 16, 2022 Robreno, J.), the court granted in part and denied in part the Motion to Dismiss filed by the Defendants, which consisted of a health care facility and a county that owned that facility.

According to the Opinion, the Plaintiff Administratrix filed §1983 Civil Rights and Wrongful Death and Survival claims along with Federal Nursing Home Reform Act claims. 

After reviewing the facts before it and applying the law, the court found that the Plaintiff’s theory that the Defendant deliberately understaffed its facility was not a cognizable theory of liability for her §1983 civil rights claim.

However, the court found that the Plaintiff had sufficiently stated a failure-to-train claim.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's Order can be viewed HERE.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (March 10, 2022).

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