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PA Jail Immune from Suit in Medical Services Contract Case

Correctional Medical Care, Inc. (CMC) entered into a contract with MHM
Services, Inc. (MHM) to jointly bid for a health care contract at a prison
in Philadelphia, Pennsylvania. MHM later had secret meetings with the city
of Philadelphia and was awarded the contract, cutting CMC out of the deal
entirely. CMC sued MHM, the city, the Philadelphia Prison System (PPS) and
others. The PPS objected contending that, as a municipal agency, it was
immune from suit.

Citing Title 53 P.S. 16257, the court found that "all suits growing out of
City department transactions shall be in the name of the City of
Philadelphia." On that basis the court agreed that PPS was immune from
suit and dismissed the PPS. The suit against all other defendants was
allowed to continue. See: Correctional Medical Care, Inc. v. City of
Philadelphia, Common Pleas Court of Philadelphia County, Pennsylvania,
Civil Trial Division No. 3980 (2004)

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Related legal case

Correctional Medical Care, Inc. v. City of Philade