United States District Court, D. Maryland
FREDERICK MOTZ DISTRICT JUDGE
is a motion to dismiss, or in the alternative, motion for
summary judgment filed on behalf of defendants State of
Maryland, Clifton T. Perkins Hospital Center, Sadiq
Al-Samarrai, M.D., Khalid El-Sayed, M.D., and David Helsel,
ECF 29. Plaintiff Daniel Lanahan has responded. ECF
Upon review of papers and exhibits filed, the court finds an
oral hearing in this matter unnecessary. See Local
Rule 105.6 (D. Md. 2014). For the reasons stated below, the
dispositive motion filed by defendants will be granted.
was convicted of first degree assault in 2006. ECF 29-4, p.
2. In 2011, while serving his sentence for the 2006 assault,
plaintiff was charged with second degree assault for
allegedly assaulting a correctional employee. ECF 29-5; 29-6.
On June 22, 2012, plaintiff was sent to the Clifton T.
Perkins Hospital Center ("Perkins"), a State
psychiatric hospital, for an evaluation as to his competency
to stand trial. ECF 29-7. Plaintiff was found incompetent to
stand trial and dangerous to his self or to the person or
property of another and committed to the custody of the
Department of Health and Mental Hygiene by the District Court
of Maryland for Howard County. ECF 29-8.
September 5, 2014, the District Court of Maryland for Howard
County found plaintiff incompetent to stand trial, without
substantial likelihood that his competency would be resolved
in the foreseeable future, and found him dangerous to the
life or safety of self or others. ECF 29-9. As such, he was
civilly committed to the Department of Health and Mental
Hygiene for inpatient care and treatment. Id. The
assault charge was dismissed. ECF 29-5.
was admitted to Perkins on September 25, 2012. ECF 29-2,
¶ 5, ECF 29-3, ¶ 5. Dr. Al-Sammarrai was plaintiffs
treating psychiatrist from December 17, 2012 until August 6,
2013. ECF 29-3, ¶ 6. Dr. El-Sayed was plaintiffs
treating psychiatrist from August 6, 2013 to September 3,
2015. ECF 29-2, ¶ 6.
claims that he has received improper medication to treat his
psychological conditions. ECF 1. Plaintiff suffers from
Schizoaffective Disorder, Bipolar Type. He presents the
following symptoms; paranoia, delusional thinking, grandiose,
bizarre and persecutory delusions, behavioral
disorganization, and assaultive conduct. ECF 29-2, ¶ 8,
ECF 29-3, ¶ 8. Plaintiffs delusions include claims that
he is the subject of a vast government conspiracy involving
the CIA and NSA which he believes are experimenting on him.
Id. He also suffers from the delusion that he was a
covert operative trained by the Department of Defense to
uncover government conspiracies. He claims that while he was
incarcerated at the Patuxent Institution he was implanted
with a device and staff experimented on him by pumping gas
into his cell. Id. Plaintiff claims that it is
necessary that he advise that there is a conspiracy against
the President of the United States. He has made calls to the
White House threatening to kill the President. Id.,
¶ 9. He has also sent letters to courthouses and
government agencies containing biological samples in an
effort to expose his claims of conspiracy by the government.
his admission to Perkins, plaintiff refused to take
prescribed psychiatric medications. ECF 29-2, ¶ 10, ECF
29-3 ¶ 10, ECF 29-11, ECF 29-14. Those medications,
Risperidone, Risperidone Concentrate, Divalproex sodium,
Valproic acid, Valproic Acid Concentrate, Olanzapine,
Olanzapine Zydis, Quetiapine, Loxapine, Diphenhydramine,
Diphenhydramine Concentrate, and Benztropine, are used to
treat Schizoaffective Disorder, Bipolar Type. Id.
clinical review panel ("CRP") approved the
involuntary administration of medications including
Risperidone or Olanzapine (for treatment of psychotic
symptoms and agitation), Divalproex sodium or Valproic acid
(for treatment of mood lability and agitation), and
Diphenhydramine (for treatment of side effects from
antipsychotic medication) to treat plaintiffs diagnosed
Schizoaffective Disorder. ECF 29-10. The Office of
Administrative Hearing ("OAH") upheld the CRP's
decision. ECF 29-11. However, on July 8, 2013, the Circuit
Court for Howard County remanded the case to obtain either a
transcript of the OAH hearing or to conduct a new hearing.
CRP was held on August 20, 2013. ECF 29-13. The CRP approved
the forced medication of plaintiff with Olanzapine or
Olanzapine Zydis, Quetiapine (for treatment of psychotic
symptoms and agitation), Valproic Acid, Divalproex sodium, or
Valproic Acid Concentrate (for treatment of mood lability and
agitation), and Benztropine, Diphenhydramine, or
Diphenhydramine Concentrate (for treatment of side effects
from antipsychotic medication), to treat plaintiffs diagnosed
Schizoaffective Disorder, Bipolar type. Id. The OAH
upheld the CRP decision. ECF 29-14. On October 7, 2013, the
Circuit Court for Howard County denied plaintiffs petition
for judicial review of the OAH decision. ECF 29-15.
CRP was convened on November 18, 2013. ECF 29-16. At that
time the CRP approved, over plaintiffs objection,
administration of Risperidone or Risperidone Concentrate,
Olanzapine or Olanzapine Zydis, Quetiapine, Loxapine (for
treatment of psychotic symptoms and agitation), Valproic
Acid, Divalproex Sodium, or Valproic Acid Concentrate (for
treatment of mood lability, agitation), and Benztropine,
Diphenhydramine or Diphenhydramine Concentrate (for treatment
of side effects from antipsychotic medications) to treat
plaintiffs Schizoaffective Disorder-Bipolar type.
received medication under a CRP authorization until February
of 2014, when he stabilized. ECF 29-2, ¶¶ 11 &
12; ECF 29-3, ¶¶ 11 & 12. The CRP was allowed
to expire as plaintiff agreed to voluntarily take the
prescribed medications. Id..
exhibited evidence of psychiatric decline intermittently,
which his treating psychiatrists suspect are due to his
"cheeking" or spitting out his medications. ECF
29-2, ¶ 12; ECF 29-3, ¶ 12. Since the expiration of
the CRP authorization in February 2014, plaintiff continues
to display symptoms of his mental illness including paranoia,
grandiose, bizarre and persecution delusions, disorganized
thinking, labile mood, and threatening behavior. ECF 29-2,
¶ 13, ECF 29-3, ¶ 13. Plaintiff remains psychotic,
grossly delusional and obsessive. ECF 29-2, ¶ 14, ECF
29-3, ¶ 4. In 2015 he reported to his treatment team
that he was "seeing a lot of combat." Id.
He continues in his belief that the Secret Service is
interested in him because they want to investigate the
experimentation performed on him and employ him as an
informant, not because he made threats against the federal
government and President. Id.
Helsel received a letter from plaintiff in July of 2015,
containing delusional content. Plaintiff reported that the
CIA had placed a chip in his head to listen to his
conversations and he wanted to speak with the Secret Service
to advise them on how to build a bomb that no one has ever
been able to make before. ECF 29-17, ECF 29-2, ¶ 16, ECF
29-3, ¶ 16.
treatment team anticipates a high likelihood that plaintiff
will not adhere to his medication regime when he is
discharged form Perkins. They predict a high risk for future
violence outside the structured and secured setting of
Perkins. ECF 29-2, ¶ 17, ECF 29-3, ¶ 17. Plaintiff
has remained on maximum security wards from the date of his