United States District Court, D. Maryland
L. Russell, III United States District Judge.
MATTER is before the Court on Plaintiff Donte Michael
Jackson’s 42 U.S.C. § 1983 (2012) civil rights
Complaint (ECF No. 1) dated July 27, 2016 and his Motion for
Leave to Proceed in Forma Pauperis (ECF No. 2). Because
Jackson appears indigent, the Court will grant his Motion for
Leave to Proceed in Forma Pauperis. The Court, however, will
also dismiss Jackson’s Complaint because he fails to
state a claim upon which relief may be granted.
is currently confined at the Eastern Correctional Institution
(“ECI”). In his Complaint, he concedes that on
July 10, 2016, he refused to allow a correctional officer to
close the feed-up slot to his cell door. Jackson alleges that
as a result of this misconduct, Officer-in-Charge Sergeant J.
Bromley ordered that Jackson be placed on a
“segregation loaf” diet. Jackson consumed segregation
loafs for breakfast, lunch, and dinner from July 10 to July
13, 2016. He seeks $15, 000 in damages, asserting that ECI
staff violated ECI regulations when they used food as
punishment. Jackson names only ECI Warden Ricky Foxwell as a
Jackson seeks to proceed in forma pauperis, the Court must
screen his complaint. 28 U.S.C. § 1915A(a); see
McLean v. United States, 566 F.3d 391, 394 (4th Cir.
2009). Before permitting the case to move forward or
requiring a response from Warden Foxwell, “the court
shall identify cognizable claims or dismiss the complaint, or
any portion of the complaint, if the complaint (1) is
frivolous, malicious, or fails to state a claim upon which
relief may be granted; or (2) seeks monetary relief from a
defendant who is immune from such relief.” 28 U.S.C.
is no respondeat superior liability under 42 U.S.C. §
1983. Love-Lane v. Martin, 355 F.3d 766, 782 (4th
Cir. 2004). Thus, “for an individual to be liable under
§ 1983, it must be ‘affirmatively shown that the
official charged acted personally in the deprivation of the
plaintiff’s rights.’” Garraghty v. Com.
of Va., Dep’t of Corr., 52 F.3d 1274, 1280 (4th
Cir. 1995) (quoting Wright v. Collins, 766 F.2d 841,
850 (4th Cir. 1985)). It is well-settled, however, that
“supervisory officials may be held liable in certain
circumstances for the constitutional injuries inflicted by
their subordinates.” Baynard v. Malone, 268
F.3d 228, 235 (4th Cir. 2001) (quoting Shaw v.
Stroud, 13 F.3d 791, 798 (4th Cir. 1994)). To establish
supervisory liability, a plaintiff must demonstrate:
(1) that the supervisor had actual or constructive knowledge
that his subordinate was engaged in conduct that posed a
pervasive and unreasonable risk of constitutional injury to
citizens like the plaintiff;
(2) that the supervisor’s response to that knowledge
was so inadequate as to show deliberate indifference to or
tacit authorization of the alleged offensive practices [ ];
and (3) that there was an affirmative causal link between the
supervisor’s inaction and the particular constitutional
injury suffered by the plaintiff.
Id. (quoting Shaw, 13 F.3d at 799).
Jackson does not allege that Warden Foxwell was personally
involved in placing him on the segregation loaf diet, he must
allege a basis for holding Warden Foxwell liable under the
doctrine of supervisory liability. Jackson, however, does not
allege any of the elements of supervisory liability.
Accordingly, the Court concludes Jackson fails to state a
claim upon which relief may be granted, and the Court will
dismiss his Complaint.
foregoing reasons, the Court will DISMISS Jackson’s
Complaint (ECF No. 1) without prejudice. A separate Order
 In August 2000, the Division of
Correction adopted a policy allowing prisoners to be fed a
special management meal or “food loaf” as a type
of behavior modification. The meal is provided three times
per day in lieu of regular meals. See Division of
Correction Directive (“DCD”) 110-18. Food loaf
consists of whole wheat bread, imitation cheese, carrots,
spinach, raisins, Great Northern Beans, vegetable oil, tomato
paste, powdered milk, and potato flakes. These ingredients
are kneaded into loaves and baked. DCD 110-18, § VI.E,
Appendix 2. Food loaf is designed to provide approximately
940 calories per serving, or 2, 820 calories per day. Prison
officers are required to consult with ...