United States District Court, D. Maryland
Frederick Motz United States District Judge.
response to Robert Cooper’s (“Cooper”)
complaint as supplemented (ECF 1, 6, 33), Defendants, former
Warden Frank B. Bishop, Jr. Chief of Security Michael P.
Thomas, Sgt. Brett E. Payton, C.O. II Brad M. Brinegar, C.O.
II Clinton T. Davis, C.O. II William L. Logsdon, C.O. II
Brett A. Wilburn, C.O. II Charles L. Barb, II, C.O. II David
L. Hedrick, C.O. II Steven A. Wilson, C.O. II Jeremiah L.
Fontaine, C.O. II Nicholas A. Hetz, C.O. II Matthew J. Davis,
C.O. II Ronald L. Connor, and Mental Health Professional
Counselor (MHPC) Supervisor Ronald S. Weber, by their
counsel, have filed a motion to renew motion for summary
judgment. ECF No. 39. Cooper has filed an opposition. ECF No.
hearing is unnecessary. See Local Rule 105.6 (D. Md.
2014). For reasons to follow, defendants’ motion to
renew motion for summary judgment (ECF No. 39) will be
is an inmate at Western Correctional Institution
(“WCI”). He filed this complaint on December 6,
2013, alleging, among other things, that he was subjected to
excessive use of force by WCI correctional officers on
October 22, 2013. ECF 1. The complaint subsequently was
supplemented. ECF No. 6, 33; ECF No. 39-1 n. 1.
September 8, 2014, defendants filed a motion to dismiss or,
in the alternative, motion for summary judgment with
declarations and verified exhibits. ECF No. 27. Cooper filed
an opposition. ECF No. 31. Defendants have incorporated by
reference their September 8, 2014, motion to dismiss or, in
the alternative, motion for summary judgment (ECF No. 27), in
their renewed motion for summary judgment. ECF No. 39-1, On
September 9, 2015, the court, treating defendants’
dispositive motion (ECF No. 27) as one for summary judgment,
granted summary judgment in part and denied summary judgment
in part. ECF No. 34, 35. The motion was denied as to the
claim correctional officers would not permit Nurse Dennis
Martin to attend to Cooper’s alleged physical injuries
after he was taken to the medical unit on October 22, 2013,
following the use of force incident. Summary judgment as to
this claim was denied subject to renewal within twenty-eight
days with declarations and verified exhibits. The court
granted summary judgment in favor of defendants as to all
other claims. Id.
facts of this case are outlined in the court’s
memorandum of September 9, 2015 (ECF No. 34) incorporated by
reference herein, and are not here repeated except as
necessary for resolution of defendants’ pending motion.
alleged in his supplemental complaint, which is the form of a
declaration, that when he was taken for medical evaluation
October 22, 2013 after the use of force incident,
“correctional staff” permitted him to be treated
for pepper spray exposure only, and not his physical
injuries. ECF No. 33 ¶ 1. Cooper claimed that unidentified
correctional officers told Nurse Dennis Martin what they
wanted him to write in his report about Cooper’s visit
to the medical unit. Id. Because defendants did not
address this claim in their dispositive motion as initially
filed, the court denied summary judgment as to this claim
subject to renewal.
support of their renewed motion for summary judgment,
Defendants have submitted Nurse Dennis Martin’s
declaration. ECF 39-3. Martin denies Cooper’s
allegations that correctional officers did not permit him to
treat his physical injuries, attesting:
These allegations are untrue. I do not allow correctional
officers to determine how I conduct a medical examination and
I do not allow correctional officers to tell me what to write
in medical records. When I met with Plaintiff on October 22,
2013, I examined him and I noted that he had a minor open
area/abrasion at the top of his head. He had no bleeding or
swelling, he denied loss of consciousness and the reported
gait was in normal limits. No other injuries were noted or
reported. The contents of the October 22, 2013 medical record
accurately and complete describes [sic] Plaintiff’s
ECF 39-3 ¶ 3.
defendants have filed a verified copy of the medical report
Martin completed during Cooper’s medical evaluation on
October 22, 2013. ECF 39-4. The medical report was written
contemporaneously with the evaluation and is consistent with
Martin’s declaration. The physical findings contained
in medical report read:
Inmate brought down to HU 4 medical room by officers. Inmate
involved in pepper spray exposure. Inmate cuffed behind back.
Vital signs taken. Inmate reports burning eyes. Perrl. Lungs
clear, bowl sounds pulses skin is warm and dry.
A&ox3. Perrl. Inmate has minor open area/abrasion top of
head. No bleeding. Denied loc. No swelling noted or reported.
Gait wnl. Able to bear full weight on ...