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Patterson v. Con Med

United States District Court, D. Maryland

April 28, 2016

CHARLES DANTE PATTERSON, JR. Plaintiff
v.
CON MED, et al. Defendants

MEMORANDUM

J. Frederick Motz United States District Judge

Defendant Con Med filed a motion to dismiss the above-entitled civil rights action and defendant Richardson filed a motion to dismiss or for summary judgment. ECF 15 and 20. Plaintiff opposes the motions. ECF 25. The court finds a hearing in this matter unnecessary. See Local Rule 105.6 (D. Md. 2014). For the reasons stated below, defendant Con Med's motion to dismiss shall be granted and defendant Richardson's motion, construed as a motion for summary judgment, shall be granted.

Also pending are plaintiffs motions for leave to amend the complaint (ECF 12 and 23) and motion for extension of time to file a response (ECF 22). The motions for leave to amend shall be denied in part and granted in part. The motion for extension of time shall be denied as moot in light of receipt of plaintiff s opposition response.

Background

Plaintiff who was, at all times relevant to this case, incarcerated at the Baltimore County Detention Center in Towson, Maryland, [1] asserts he suffered a dislocated finger for which treatment was unnecessarily delayed. He claims that on September 9, 2014, his finger was injured during a basketball game. ECF 1 at p. 1. He was immediately taken to the medical unit where Plaintiff informed staff he could not move his finger. Id. His finger was wrapped in gauze, he was given 800 mg of Motrin, and prescribed 600 mg of Motrin to be administered twice daily for the following week. Id.

On September 10, 2014, Plaintiffs finger was x-rayed and it was established that his finger was dislocated. Id. Plaintiff states he continued to request stronger medication to treat the pain, but his requests were denied. Id. at pp. 1 - 2.

On September 12, September 21, and October 9, 2014, Plaintiff filed complaints with the administration of the detention center seeking treatment to get his "injury fixed" before the damage became permanent. Id. at p. 2. He states that all responses to his complaints were that the investigations were concluded. Id.

Plaintiff claims that from September 9 to 25, 2014, he was housed around violent offenders with an injured finger and was left in general population. Id. He asserts that the entire time he was in "extreme pain" and resorted to "constantly begging" for treatment or medication to alleviate his pain. Id.

Plaintiff states he became so desperate for assistance he called Internal Affairs, spoke with Detective Richardson, and asked him to call on Plaintiffs behalf as Plaintiff did not have family support. Shortly after the call, plaintiff claims Sgt. Brown came to him and told him not to make those phone calls because "they only deal with security issues." ECF 1 at p. 2.

Plaintiff states he spent two weeks sitting in a cell suffering in pain. He claims when he "made it to the hospital"[2] he was seen by Dr. Ianuzzi, who told him that the finger would have to be broken again because it had begun to set in the position it was dislocated. Id. at p. 2, Plaintiffs finger was injected with lidocaine for the procedure and his finger was placed in a cast. Id.

Upon Plaintiffs return to the detention center, he claims the lidocaine began to wear off and he "was stuck in a cell banging on the door to receive medication" for the pain. Id. Correctional officers contacted medical staff on Plaintiffs behalf and were informed that plaintiff could not receive medication until 10 a.m.. Id. Plaintiff states he received the lidocaine injection at approximately 2 or 6 p.m.. Id. Because in plaintiffs view the lidocaine would have completely worn off by the time he was provided with pain medication, he requested a complaint form. Id. He states his request for the form was denied.

The next morning, after plaintiff received his medication, he asked when he would be receiving the next dose. Plaintiff was informed that the prescription was only for two days and that after the two days expired, he would receive Motrin. Id. at pp. 2 - 3. Plaintiff states that Dr. Ianuzzi prescribed Tylenol with Codeine following the procedure, but the medical staff at the detention center took him off of that medication after one day. Id. at p. 3.

Plaintiff alleges that the process of having his finger re-broken caused extreme pain, but he was given only Motrin for the pain. In addition, he claims he was prescribed therapy for his finger which was delayed by both detention center staff and Con Med, the medical contractor. Id. He states the hand care specialist told him that he would not regain full mobility of his pinky finger or his ring finger because of the delay in treatment. Id.

During the time plaintiff was recovering from treatment, he states he was still housed in the same unit and was "jumped by several people." Id. Plaintiff was moved to disciplinary segregation as a result, but still attended therapy sessions. Id. As relief, plaintiff seeks monetary damages. Id.

Defendant Con Med moves to dismiss the complaint against it as there is no claim implicating the corporate entity's policies or procedures and respondeat superior liability is unavailable in a claim filed pursuant to 42 U.S.C. §1983. ECF 15.

Defendant Deborah Richardson, who is the facility administrator for Baltimore County Detention Center, moves for dismissal or summary judgment. ECF 20. In support thereof, Richardson provides an affidavit from Medical Liaison Officer Cosgrove, who investigated plaintiffs complaints ...


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