District Court, D. Maine December 8, 1998, CIV. 98-290-P-C (McNally v. Prison Health Services, Inc.)

MEMORANDUM OF DECISION AND ORDER

CARTER, District Judge.

Now before the Court is Prison Health Services, Inc. (PHS)’s Motion to Dismiss Count I of David McNally’s Complaint. Count I of the Complaint alleges that PHS exhibited deliberate indifference to McNally’s serious medical needs, and, in so doing, deprived him of his constitutional rights, thereby violating 42 U.S.C. § 1983.