United States District Court, D. Maryland
FREDERICK MOTZ UNITED STATES DISTRICT JUDGE.
Cooper is an inmate in the custody of the Maryland Department
of Correction. He is suing defendants pursuant to 42 U.S.C.
§1983, raising claims they provided inadequate medical
treatment to him after he was involved in a use of force
incident at Western Correctional Institution in Cumberland,
Maryland, on October 22, 2013.
matter is before the court on Defendants Wexford Health
Sources, Inc. ("Wexford"), Peggy Mahler, P.A.,
Quinta Lum, P.A., Dennis Martin, R.N., Lee Wiley, LPN, Kim
Martin, R.N., Alan Wilt, R.N., Ava Joubert, M.D., Colin
Ottey, M.D., and Janice Gilmore's (collectively
"Medical Defendants") Motion for Summary Judgment.
ECF 27. Cooper, who is self-represented, filed an opposition
(ECF 28), to which counsel filed a reply. ECF 31. The case
isready for disposition and a hearing is unnecessary. Local
Rule 105.6 (D. Md. 2014).
filed the complaint on March 5, 2014, in the form of a
declaration. ECF 1 at 17. Cooper claims the Medical
Defendants failed to provide adequate care for physical and
emotional injuries he suffered as a result of the use of
force incident. Cooper requests an order for injunctive
relief requiring Wexford to address his physical and
psychological injuries; and seeks compensatory damages of
$75, 000 against each defendant for breach of duty,
intentional infliction of mental and emotional distress,
negligent infliction of mental and emotional distress, gross
negligence, medical malpractice and negligence, punitive
damages of $150, 000 against each defendant for breach of
duty, intentional infliction of mental and emotional
distress, negligent infliction of mental and emotional
distress, medical malpractice and negligence, and
"future damages" of $350, 000 against each
defendant for breach of duty, intentional infliction of
mental and emotional distress, negligent infliction of mental
and emotional distress, gross negligence, medical
malpractice, and negligence. ECF 1, ¶¶ 20-22. On
September 9, 2015, the court dismissed Cooper's medical
malpractice and negligence claims. ECF 25.
complaint named, in addition to defendants listed above,
correctional officers Sergeant Crumpac, Greg Hershberger,
Brad Brinegar, Brett Wilburn, and William Logsdon
(hereinafter, the "Correctional Defendants"). On
November 19, 2014, counsel for the Correctional Defendants
filed a motion to consolidate the claims against them in
Cooper's earlier filed case, Cooper v.
Brinegar, et ah Civil Action No. JFM-13-3692 (D.
Md.). The court granted the motion to
promote judicial economy, and the claims against Sergeant
Crumpac, Greg Hershberger, Brad Brinegar, Brett Wilburn, and
William Logdon were consolidated with Cooper v.
Brinegar. ECF 19, 20, 23.
September 22, 2014, the Medical Defendants filed a Motion to
Dismiss. ECF 14. On October 8, 2014, Cooper filed an
opposition. ECF 16.
September 9, 2015, the court granted the Medical
Defendants' motion to dismiss in part as to Cooper's
medical malpractice and negligence claims and denied it as to
the rest of his claims. ECF 25. The court determined
Cooper's remaining claims, although unartfully stated,
suggested the Medical Defendants acted with deliberate
indifference to his serious medical needs in violation of his
rights under the Eighth Amendment to the Constitution. ECF
24. Mindful that pro se pleadings must be liberally construed
and Cooper presented his allegations in the form of a
declaration, the court deemed dismissal of the complaint in
its entirety inappropriate. The court granted the Medical
Defendants thirty days to file a dispositive motion with
verified exhibits and affidavits addressing Cooper's
claims of deliberate indifference to his serious medical
Medical Defendants filed the motion for summary judgment with
declarations and verified exhibits on October 8, 2015. (ECF
26). Pursuant to the dictates of Roseboro v.
Garrison, 528 F.2d. 309 (4th Cir. 1975), Cooper was
notified that he was entitled to file an opposition response
and supporting materials. ECF 27. Cooper filed a response on
November 18, 2015, stating he "does not agree with the
defendants' factual allegations to the complaint."
ECF 28 at 5. Cooper did not file any supporting
documentation. On November 18, 2015, the Medical Defendants
submitted a reply. ECF 31.
summary judgment, the court must consider the facts in the
light most favorable to Cooper as the nonmoving party.
See Scott v. Harris, 550 U.S. 372, 378 (2007);
Iko v. Shreve, 535 F.3d 225, 230 (4th Cir.
undisputed that Cooper was taken to the medical department on
October 22, 2013, after a use of force incident which
involved administration of pepper spray. There, Cooper was
examined by defendant Kim Martin, R.N.
asserts corrections officers permitted Martin to address
Cooper's exposure to pepper spray only, not his physical
injuries. (ECF 1, ¶). Cooper wanted x-rays and asked
Martin to refer him to an eye doctor, a dentist, and a
psychologist. Id. ¶2. Cooper claims he informed
"Nurse Jennifer" that he was assaulted by
correctional officers, and she did not give him his
medications. Id. ¶3.
October 23, 2013, Cooper complained to defendant Quinta Lum,
P.A., that no one addressed his physical injuries or medical
issues after the incident. Lum told him that she called him
to the treatment room to inform him that she was renewing his
mechanical soft diet, and could not provide treatment unless
he first submitted a sick call slip. Id. ¶4.
Cooper explained he was in a "strip cell" and not
permitted to have paper or medications stored there. ECF 28
at 2. Cooper asked her about his left eye injury. Id.
¶4. Lum responded that she could see the eye was
infected and would prescribe medication for it. Id.
October 24, 2013, Cooper complained to Martin that his eye
had worsened. Cooper indicated he had not received his
prescribed blood pressure medication, x-rays, or eye doctor,
dentist, and psychologist consultations. Id. Martin
responded he had submitted referrals for eye, dental, and
psychology consultations, as well as an x-ray request for
Cooper. Id. ¶ 5. Martin advised Cooper to bring
his blood pressure medication concern to the attention of
Nurse Wiley. Id.
October 24, 2013, Cooper told defendant Lea Wiley
("Wiley") that he was assaulted by security staff
and he had not received his medications. Wiley told him
security staff had packed the medication, and said, "I
will see what I can do." Id.
October 24, 2013, Cooper informed defendant Peggy Mahler,
P.A. that he was assaulted by correctional officers and no
one addressed his physical and psychological injuries. Mahler
stated she would refer Cooper to an eye doctor and to the
psychology department and would order an x-ray for his rib.
Id. ¶ 7.
November 25, 2013, Cooper informed the Director of Inmate
Health Services that he was assaulted by security staff and
that vision in his left eye was blurry and it was infected at
one time. He also stated that he needed to see an eye doctor,
but no one responded. Id. ¶11.
December 20, 2013 and January 9, 2014, Cooper informed Martin
that he had been assaulted and pepper sprayed in both eyes
during the October 22, 2013 incident. He told Martin his left
eye had become infected and his vision was blurry since then.
Nurse Martin told Cooper he would speak to the scheduling
nurse to place Cooper on the list to see an eye doctor.
Id. ¶ 14.
November 13, 2013 and December 27, 2013, Cooper told inmate
Nurse Alan Wilt that he had been assaulted and pepper
sprayed; was suffering from an infection and blurry vision in
his left eye; and needed to see an eye doctor. Wilt responded
that he would e-mail the scheduling ...