United States District Court, D. Maryland
Frederick Motz United States District Judge.
filed a motion to dismiss or for summary judgment on behalf
of Warden Richardson (ECF 14) and a motion to dismiss on
behalf of Officer "Nakita" (ECF 19) in response to
the above-entitled civil rights complaint. Plaintiff was
advised of his right to file an opposition response to the
motions (ECF 15 and 20) and of the consequences of failing to
do so, but has not opposed the motions. The court finds a
hearing in this matter unnecessary. See Local Rule
105.6 (D. Md. 2014). For the reasons that follow,
defendants' motions shall be granted and judgment entered
in their favor.
times relevant to the complaint,  plaintiff was incarcerated
at the Baltimore County Detention Center. He alleges that on
October 12, 2015, at "12:15 at night" he attempted
to climb into the bunk in his cell and fell because there
were no handicap rails on the bunk. ECF 1 at p. 4. After he
fell, plaintiff states that his cellmate beat on the door to
get the attention of an officer. After the officer saw what
had occurred, he called the nurse, leaving plaintiff on the
floor waiting for assistance. Id.,
alleges that it took the nurse "at least 20
minutes" to get to the cell and when she arrived she
asked what happened. Id. at p. 5. When plaintiffs
cellmate explained that he had fallen, the nurse stated she
would be right back because she had to get the doctor.
Plaintiff claims it took at least an hour before the nurse
and doctor came back and that he laid in his own urine during
that time. Id.
Noel Stevens,  the nurse, and Officer Nakita (later
identified as Officer McKeiver) returned to plaintiffs cell
and "tried to yank [plaintiff] up off the floor, "
but stopped when plaintiff screamed in pain. Id.
Plaintiff told them he had broken his neck in a previous
accident, that he had steel in his neck, and that they were
hurting him. He claims they "dropped" him back down
on the floor and that Dr. Stevens began to pull on his foot
and stab plaintiff on the bottom of his feet. Plaintiff
claims they then picked him up again and "tossed"
him onto his bunk. Although Officer Nakita said he would
bring plaintiff a dry jumpsuit, he never did so. Id.
the incident, plaintiff claims he developed a
"clicking" in his neck. Id. On October 19,
2015, plaintiff received an x-ray of his neck and his
requests for treatment of the pain were denied. Plaintiff
alleges he told staff his neck and back were hurting, that he
suffers from chronic pain, and that his pain is a 10 on a
scale of one to ten. Id.
supports his complaint with a declaration under oath signed
by his cellmate, Kevin Peters, which tracks the same factual
account of his claim as presented in the complaint. ECF 1 at
pp. 6-7. As relief, plaintiff seeks monetary damages of
one-million dollars and an order requiring the detention
center to be made handicap accessible. Id. at p. 4.
filing the complaint with this court, plaintiff filed a
pleading entitled "motion for assistance for proper
medical treatment and retaliation." ECF 9. In that
motion plaintiff claimed that correctional officers were
retaliating against him by writing false incident reports and
that the medical department was telling him his wheelchair
would be taken away.
states that on December 16, 2015, he awoke at 1:30 a.m. and
told his cellmates he had no feeling in his legs. When a
correctional officer came to the cell for count, plaintiff
repeated the complaint to him and the officer told him he
would contact medical staff. Plaintiff claims he did not hear
back from them and at 5:00 a.m. he still had no feeling in
his legs. He claims he had to receive assistance from his two
cellmates to get out of his bunk and into his wheelchair. He
could not stand to urinate so he did so in a seated position
from the wheelchair. ECF9atpp. 1-2.
December 17, 2015, plaintiff was seen by Dr. Kahlid Elbedawi,
who told plaintiff he would send him to an outside hospital
where he would be seen by a neurosurgeon and receive an MRI
of his spine. However, plaintiff claims that by December 27,
2015, he was not sent out to the hospital, nor was he seen by
a neurosurgeon. ECF 9 at p. 2.
further claims that Dr. Elbedawi advised that plaintiffs
medication would be adjusted because the non-narcotic pain
relievers he was receiving were not effective and were hard
on his liver and kidneys. He states he is in constant pain
which becomes unbearable at times. He adds that mail he
receives from this court is opened outside of his presence
and that he is threatened by correctional officers. ECF 9 at
state that plaintiff entered the detention center on October
8, 2015, at which time he identified several medical problems
which included chronic back, neck, and knee pain. He further
advised that he had been prescribed Percocet and oxycodone,
narcotic pain medication, for treatment of his chronic pain.
ECF 14-4. When medical staff attempted to perform a full
intake physical exam of plaintiff, he refused after he was
told he would not be receiving narcotic pain medication.
Id. Plaintiff was then placed on a detoxification
protocol to address ...