Pennsylvania Federal Court Dismisses Inmate's Paxil Action Without Prejudice

PHILADELPHIA - A Pennsylvania federal court has dismissed a prisoner's lawsuit against GlaxoSmithKline asserting a product liability claim and claims under the Fourteenth and Eighth amendments, stating that the drug manufacturer cannot be liable to plaintiff under those amendments because it is not a state actor. Simms v. GlaxoSmithKline, No. 01-4528 (E.D. Pa.).

In its Dec. 6 decision, the U.S. District Court for the Eastern District of Pennsylvania granted plaintiff's motion to proceed forma pauperis, but dismissed the complaint without prejudice to plaintiff's right to file an amended complaint.

The court noted that, while the claims under the Fourteenth and …