United States District Court, D. Maryland, Southern Division
WAYNE V. WILLIAMS, Plaintiff
WARDEN RICHARD E. MILLER, Defendant
W. Grimm United States District Judge
Wayne V. Williams, who is incarcerated at the North Branch
Correctional Institution (“North Branch”), filed
this self-represented complaint, alleging he has been denied
adequate medical treatment for his Hepatitis C infection
(“HCV”). Compl. 3, ECF No. 1. Defendant Warden
Richard E. Miller has filed a motion to dismiss, or in the
alterative, motion for summary judgement. See
Def.’s Mot., ECF 13. Williams has not responded,
the time to do so has passed. See Loc. R. 102.1(a).
A hearing is unnecessary. See Loc. R. 105.6. Because
Williams has not shown how Defendant Miller is liable as the
former Warden of North Branch and because Williams’s
own behavior led to his alleged lack of medical treatment,
Defendant’s motion will be granted.
states that the medical and psychology departments declined
to treat his chronic HCV in retaliation for his filing prior
complaints against them. Compl. 4. Williams alleges that
medical and psychology staff have falsely claimed that
Williams declined treatment. Id. As relief, Williams
seeks an order directing the medical and psychology staff, as
well as prison officials and administrators to allow him
treatment. He also seeks monetary damages. Id. at 3.
was transferred from Western Correctional Institution
(“Western”) to North Branch on June 12, 2014.
Med. Rec. 3, Def.’s Mot., Ex. 1. Williams was seen
in the chronic care clinic on July 10, 2014, by a doctor, Dr.
Joubert. Id. at 4. Dr. Joubert noted under reasons
for visit: “HCV Patient biopsied 4/2011 with grade 1
state 1 with rebiopsy possible x 3 years. Patient recently
cleared by Psych dept for anti viral therapy. Pt. has no
current GI/abd complaints.” Id.
was seen by medical staff on July 21, 2014, in order to
obtain the necessary laboratory tests to prepare for a
rebiopsy. Id. at 7. An evaluation for treatment with
interferon was scheduled for August 29, 2014; however
Williams refused to attend and refused to sign the Release of
Responsibility form (“Release Form”).
Id. at 8. The form was signed by Deidre Mull, and a
correctional officer. Id.
was rescheduled for an evaluation regarding interferon
treatment on September 4, 2014, but again refused to attend
the appointment. Id. at 12. At that time it was
noted that Williams’s refusal constituted the third
refusal and Infection Control would be notified. Id.
was evaluated by medical staff on March 16, 2015, due to an
assault. Id. at 13. It was noted at that time that
Williams was scheduled for a six-month follow-up appointment
with the psychology department but refused to attend.
Id. at 13, 19. On March 19, 2015, Williams refused a
psychiatry evaluation for evaluation of interferon treatment
and again refused to sign the Release Form. Id. at
filed several requests for administrative remedy
(“Remedy Requests”) concerning his medical care.
See Admin. Req., Def.’s Mot., Ex. 3, ECF 13-4.
As part of the Remedy Requests investigation, Infection
Control Nurse Rebecca Leatherman explained the interruption
in Williams’s treatment as follows:
This patient has refused his psych evaluation 3 times now;
this sets him back for 6 months. He is aware of the process,
as it was the same back when he was sent for his original
biopsy. If he does not pass the psych evaluation, he cannot
proceed. He will be scheduled again for re-evaluation in Feb
2015. . . . This patient was cleared at [Western] and then
was transferred to [North Branch]. At that time, we attempted
to obtain his evaluation lab work, he refused. We attempted
again at the end of July and was [sic] successful. At this
point, he was scheduled for education with Dr. R and refused.
Due to his consistent refusals of various medical passes, the
[Infection Control] department thought it best to have him
evaluated again by psych and Dr[.] R agreed. The evaluation
is time sensitive and must be adhered to with the thoughts
that if a patient cannot be adherent with all prep, then the
likelihood of treatment adherence is very low. This patient
has refused every blood draw and visit for the past few
months. If he does not complete each step of the evaluation
process, then he cannot move forward in the evaluation. If he
does not meet with psych and clear by January, we have to
start the process over again, as the labs are only good for 6
months. He is aware of this process; he went through it
Id. at 14, 16-17.
response to a later filed Admin Request concerning lack of
treatment, Nurse Travis Barnhart explained Williams’s
IC Department has made several attempts to start the work up
process for panel presentation. Patient was transferred from
[Western] around 6/2014. Patient was scheduled for bloodwork
for presentation to Dr. Rufael, patient was a no show.
Patient was scheduled for psych again because he needed a
re-evaluation do [sic] to the time lapse between previous
psych eval. Patient was scheduled three times by psych and
all no shows. (Last scheduled appt. 9/4/14). Patient was put
on a 6 month hold for re-evaluation. In March of 2015 patient
was due for re-evaluation, informed psych patient was do
[sic]. Psych scheduled patient the second week of March once
again patient was a no show. IC Department informed of
patients [sic] no show. IC Dept scheduled patient the
following Monday to educate the patient about the HCV tx
process. Informed patient that he had to be evaluated by
psych before he could move any further in the HCV tx process.
Patient also informed he would be rescheduled by psych in the
next few days and he needed to show up. Patient was scheduled
Wednesday for psych, two days after he had just spoke to IC
department about the importance of being compliant with all
appointments scheduled. Patient was a no show again, [Release
Form] stating patient went to rec instead of appointment.