United States District Court, D. Maryland
FREDERICK MOTZ UNITED STATES DISTRICT JUDGE.
matter is before the court on defendants' supplemental
motion to renew their motion for summary judgment. ECF 41.
Self-represented plaintiff Robert Cooper filed an opposition.
ECF 43. After considering the pleadings, exhibits, and
applicable law, the court concludes a hearing is unnecessary.
See Local Rule 105.6 (D. Md. 2014). For reasons to
follow, defendants' supplemental motion to renew their
motion for summary judgment (ECF 41) will be GRANTED.
Cooper is presently incarcerated at Western Correctional
Institution ("WCI") in Cumberland, Maryland. On
December 23, 2013, Cooper filed a fifty-one page complaint
which named more than forty defendants and raised a
litany of claims arising from various incidents at WCI and
North Branch Correctional Institution ("NBCI") at
different periods of time. Cooper's claims against
defendants included: failure to protect him from harm,
improperly restricting his access to the Administrative
Remedy Procedure ("ARP") process, unlawful
infringement on his religious observance, denial of his meal
tray, improper confiscation of his personal property,
retaliation, interference with his mail, and inadequate
medical and mental health care.
September 10, 2014, defendants filed a motion to dismiss or,
in the alternative, motion for summary judgment with
declarations and verified exhibits. ECF 27. Cooper filed an
opposition reply on October 24, 2014, expressing his general
disagreement with defendants' response. ECF 33. No
declarations or verified exhibits accompanied his opposition.
September 4, 2015, the court denied in part and granted in
part defendants' motion to dismiss or, in the
alternative, motion for summary judgment. ECF 34, 35. Summary
judgment was denied as to Cooper's claim that he was
provided inadequate mental health care at NBCI, subject to
renewal by defendant of their dispositive motion within sixty
days with verified exhibits and affidavits. Id.
Summary judgment was granted in favor of defendants as to
Cooper's other claims. Id.
October 5, 2015, Cooper, proceeding pro se, filed a notice of
appeal of the court's September 4, 2015 order. ECF 38.
The appeal is before the United States Court of Appeals for
the Fourth Circuit. Cooper v. Roderick Sowers, CA4
November 3, 2015, defendants filed the supplemental motion to
renew their motion for summary judgment with supporting
exhibits, including verified copies of Cooper's mental
health records from NBCI. ECF 41, ECF 41-4.
facts of this case were examined in the court's earlier
issued memorandum (ECF 34), which is incorporated by
reference. These facts are not repeated, except as necessary
to provide context and to resolve defendants' pending
Mental Health Claim
gravamen of Cooper's mental health claim is that he was
provided constitutionally inadequate mental health treatment
for the "battered person syndrome, " post-traumatic
stress disorder (PTSD), and paranoia he reports he suffers as
a result of his placement in a cell with other inmates. As
relief, Cooper asks to be assigned to single cell housing.
Cooper was initially transferred from WCI to NBCI on February
18, 2008, where he remained housed until his transfer back to
WCI on September 25, 2012. ECF 41-1 at 4-9.
avers that he was denied psychological treatment between at
NBCI on October 31, 2011,  February 17, 2012, and March 19, 2012
by Vicki Warnick, on November 16, 2011, by Bruce Liller, on
December 21, 2011, by Laura Moulden, and on January 6, 2012,
by Mr. Banks. As relief, Cooper requests damages and
injunctive relief to require defendants to cease depriving
him of mental health treatment, a mental health evaluation at
the mental health unit in Jessup, Maryland, and placement on
single inmate cell status for psychological reasons. (ECF
1-1, pp. 27-31).
Mental Health Records
have filed verified copies of Cooper's mental health
records for the period of October of 2011 and March of
2012. Cooper's psychological record also
reflects that between December 14, 2011 and March 28, 2012,
he filed some 36 complaints in the psychology department,
including 14 filed on December 14, 2011 alone. Id.
pp. 4-17, 19, 22-27, 28, 30-31, 33, 39-46, and 53-56. Cooper
copied correspondence to the Psychology Department that was
unrelated to psychological issues. See id.
Cooper's mental health records corroborates he suffers
from 'battered person syndrome, " post-traumatic
stress disorder (PTSD), or paranoia or mental illness.
November 30, 2011, Cooper was seen by Mindy Baker, R.N. for
reports that he was entertaining thoughts of hurting others.
Baker indicated Cooper's denied suicidal ideations and
his cellmate was safe. She recommended monitoring Cooper and
referring him to a behavioral health clinic for follow-up.
ECF 41-4 at 2.
December 6, 2011, Baker met with Cooper again. Cooper stated
he had thoughts of hurting correctional officers. Cooper
denied suicidal thoughts. Baker recommended monitoring Cooper