United States District Court, D. Maryland
DAVID McKINLEY DORSEY, SR., Inmate Identification No. 338932, Plaintiff,
WEXFORD HEALTH SOURCES, INC., OLADIPO OLALEYE, R.N.P. and DAMON FAYALL, Defendants.
THEODORE D. CHUANG United States District Judge
David McKinley Dorsey, who is currently confined at the
Maryland Correctional Institution ("MCI") in
Jessup, Maryland, alleges that he was injured in 2012 and
that Defendants Wexford Health Sources, Inc.
("Wexford"), Oladipo Olaleye, R.N.P. and Damon
Fayall have failed adequately to treat his hip
and back injuries. Presently pending before the Court is
Defendants' Motion to Dismiss, or in the alternative,
Motion for Summary Judgment, filed on January 19, 2016. The
Motion is ready for disposition, and a hearing is
unnecessary. See D. Md. Local R. 105.6. For the
reasons that follow, Defendants' Motion, construed as a
Motion for Summary Judgment, is GRANTED.
August 13, 2014, Dorsey filed a lawsuit with this Court
asserting that inadequate medical treatment of his back and
hip pain constituted deliberate indifference to his serious
medical needs, in violation of the Eighth Amendment to the
United States Constitution. On March 3, 2016, the Court
issued a memorandum opinion and order denying his claims and
granting a motion for summary judgment against Dorsey.
See Dorsey v. Dep't of Pub. Safety & Corr. Servs.
("Dorsey I''), No. TDC-14-2568, 2016 WL
1239922 (D. Md. Mar. 24, 2016). That opinion is incorporated
herein by reference. In that case, the Court considered the
medical treatment of Dorsey up to and including February 20,
October 5, 2015, Dorsey filed the present lawsuit, alleging
that he continues to suffer pain in his hip and back which
Defendants have failed to treat adequately. According to
Dorsey's 2015 medical records, on March 12, 2015, Dorsey
was examined by Olaleye because of his chronic pain. Olaleye
continued Dorsey on his medication and submitted a
consultation request for Dorsey to be seen by a neurologist.
On April 29, 2015, Olaleye again evaluated Dorsey and at that
time ordered a cane for him.
4, 2015, Dorsey was evaluated by Harjit Bajaj, M.D., a
neurologist at Bon Secours Hospital. Dr. Bajaj recommended
that Dorsey receive an MRI of his head and an
electromyography ("EMG"). An EMG is a
"diagnostic procedure to assess the health of muscles
and the nerve cells that control them." Mayo Clinic
Staff, Electromyograpyy (EMG), Mayo Clinic (Oct. 25,
returned to Dr. Bajaj on July 2, 2055 for the EMG. As a
result of that procedure, Dr. Bajaj did not identify any
neuropathy. Dr. Bajaj observed denervation in Dorsey's
lower extremity muscles but could not discern its cause. Dr.
Bajaj concluded that the results of the MRI of Dorsey's
head and thoracic spine were needed before any diagnosis
could be made and requested that Dorsey return after those
studies were complete.
7, 2015, the MRIs were performed. The MRI of Dorseyss brain
revealed, among other things, no intracranial pathology and
no findings suggesting multiple sclerosis. The MRI of the
thoracic spine revealed mild spondylosis. On July 24, 2015,
Olaleye advised Dorsey during a medical visit of the
diagnosis of spondylosis and the negative finding for
multiple sclerosis. Olaleye noted that Dorsey was not
complying with his prescribed medication regimen.
examined Dorsey again on September 3, 2015 and September 21,
2015 because of Dorsey's continuing complaints of hip and
back pain. During the September 3, 2015 visit, Dorsey was
provided with a back brace to help alleviate pain. During the
September 21, 2015 visit, Olaleye noted that Dorsey did not
wear the brace to the medical visit and reminded him to wear
his treatment, Dorsey has been evaluated by the regional
medical director, a neurologist, an orthopedist, and a
physical therapist. In the opinion of Dr. Andrew Moultrie,
who has reviewed Dorseyss records and whose affidavit was
submitted by Defendants, "to a reasonable degree of
medical probability" the medical care provided to Dorsey
for his hip and back pain "was appropriate and within
the applicable standard of care." Moultrie Aff.
¶¶ 6-52, Defs.' Mot. Dismiss
or, in the Alternative, Mot. Summ. J. Ex. 2, ECF No. 13-1.
October 5, 2015, Dorsey filed his Complaint against
Defendants, claiming inadequate medical care and asking
Defendants to "take the right step relieving or fixing
problem" as well as requesting punitive damages. Compl.
at 8, ECF No. 1. On January 19, 2016, Defendanss filed a
Motion to Dismiss or, in the Alternative, Motion for Summary
Judgment. Pursuant to Roseboro v. Garrison, 528 F.2d
309, 310 (4th Cir. 1975), on January 19, 2016, Dorsey was
notified that Defendants had filed a dispositive motion, the
granting of which could result in the dismissal of his
action. Dorsey was also informed that he was entitled to file
materials in opposition to that motion within 17 days from
the date of that letter and that his failure to file a timely
responsive brief to illustrate, through accompanying
affidavits or other evidence, a genuine dispute of material
fact could result in the dismissal of his case or in the
entry of summary judgment without further notice of the
Court. Although Dorsey sought and was granted an extension of
time, until March 24, 2016, to file a memorandum in
opposition to the Motion, he has not filed one. Instead, on
April 7, 2016, Dorsey filed correspondence with the Court
asking that the instant case be dropped if "Wexford
Medical Department follow(s] through with, your instructions
from page 14 case: 814-cv-02568"" Apr. 7, 2016
Letter, ECF No. 21. In response, the Court instructed Dorsey
to advise on ...