United States District Court, D. Maryland, Southern Division
Richard Howard Beall, Jr, Petitioner, Pro Se.
Of Maryland, Respondent, represented by Kathleen A. Ellis,
Office of the Attorney General.
Clifton T Pirkins Hospital Center, Respondent, represented by
Kathleen A. Ellis, Office of the Attorney General.
Khlid El Sayed, Respondent, represented by Kathleen A. Ellis,
Office of the Attorney General.
Helsel, Respondent, represented by Kathleen A. Ellis, Office
of the Attorney General.
J. HAZEL, District Judge.
24, 2014. pro se litigant Richard Howard Beall. Jr., filed
this hybrid Petition for Writ of Habeas Corpus and Complaint
pursuant to 42 U.S.C. Â§ 1983. objecting to forced
administration of medication and seeking his release from
confinement and damages. ECF No. 1. Also pending is
Beall's Motion for a Court Date. ECF No.11.
the State of Maryland. Clifton T. Perkins Hospital Center,
Khalid El-Sayed, M.D., and David Helsel. M.D. filed a Motion
to Dismiss the hybrid Petition and Complaint for failure to
state a claim upon which relief may be granted, supported by
an affidavit and exhibits. ECF No. 6. Pursuant to
Roseboro v. Garrison, 528 F.2d. 309 (4th Cir. 1975).
Beall was provided an opportunity to respond with materials
in support of his claims, and has filed an opposition. ECF
Nos. 8. 9, 13 & 14.
review of the pleadings and exhibits, the Court finds that a
hearing is unnecessary to resolve the pending Motion.
See Local Rule 105.6 (D. Md. 2016). For the reasons
that follow. the Court will dismiss Beall's claim for
habeas corpus relief, and dismiss Beall's claim of forced
administration of medication against the State of Maryland,
Clifton T. Perkins Hospital, and Helsel. Because
Respondents' exhibits were relied upon in deciding the
forced medication claim against El-Sayed, the dispositive
motion will be construed as one for summary judgment, and
will granted in favor of El-Sayed. The Motion for a Court
date will he denied.
T. Perkins Hospital Center ("Perkins") is a State
psychiatric hospital operated under the direction of the
Behavioral Health Administration a unit of the Maryland
Department of Health and Mental Hygiene ("DHMH").
See Md. Code Ann., Health-Gen Art. Â§Â§ 2-106(a)(6).
7.5-201, 10-406(a)(1). At the time Beall tiled this case.
Helsel was Perkins' chief executive officer. El-Sayed is
a psychiatrist employed by Perkins and has treated Beall
since March 2014. ECF No. 6-3 Â¶Â¶ 3, 8.
October 2007, Beall was charged with second-degree assault in
the District Court of Maryland for Carroll County. State
v. Beall, Case No. 6S00040935 (Md. D. Ct. Carroll
Cnty.). ECF No. 6-6. On August 21, 2008. Beall was found not
criminally responsible for the assault and committed to DHMH.
ECF No. 6-7. Beall was admitted to Springfield Hospital
Center ("Springfield"), a psychiatric hospital
under DHMH jurisdiction. ECF No. 6-8.
was released from Springfield twice on conditional release
pursuant to Md. Code Ann., Crim Pro. Art. Â§Â§ 3-114-3-118. ECF
No. 6-8. Each time he violated the conditions of release and
was returned to the hospital under the provisions of Md. Code
Ann., Crim Pro. Art. Â§3-121. ECF No. 6-8. After his second
return to Springfield, Beall waived his right to be present
at the hearing required by Md. Code Ann., Crim Pro. Art. Â§
3-121(f) and agreed to remain in the hospital. Id.
On January 2, 2014, Beall's conditional release was
revoked and it was ordered that he continue his commitment to
the DHMH, ECF No. 6-9.
February 3, 2014, Beall was transferred on an emergency basis
to Perkins because of "the continued violence that [he]
exhibited against other patients and staff members." ECF
6-10. Beall was notified of the emergency transfer as
required by Md. Code Ann., Gen Health-Gen Art. Â§ 10-807, and
a hearing was scheduled for February 6, 2014. ECF No. 6-11,
6-12. After two postponements, one due to Beall's
counsel's unavailability and one due to inclement
weather, the hearing was held on February 20, 2104 before an
administrative law judge ("ALJ") who determined
that the evidence warranted transfer and Beall's
relocation to Perkins was proper. ECF No. 6-13.
complains that he does not want to take medications
prescribed by EI-Sayed at Perkins because they do not help
him. ECF No. 1 at 3. Beall asserts that EI-Sayed refuses to
believe that he is not sick, that El-Sayed is not helping
him, and has caused him significant suffering. Id
Beall states that on or about July 14. 2014. he "decided
to try to see how [his] body and mind would respond with
[certain I medication. The reason why is because when I was
not [taking] medication anti phycotic [sic] less
depressed." N. He indicates that he "feel[s]
[horrible] every day seems the same no life."
Id. Beall states the use of "needles" for
two weeks was "cruel and unusual punishment, "
id., and contends that there is audio and video
evidence of such forced medication. ECF No. 14. As relief,
Beall asks for $350, 000 for his pain and suffering, to be
sent to a private hospital, and to be released. ECF No. 1 at
3. Additionally, Beall asserts it was a mistake for him to
plead not criminally responsible. Id.
opposition to Respondents' Motion to Dismiss, Beall
claims that he was unaware when he entered his plea of not
criminally responsible of what that would
entail. ECF No. 9 at 1. He also claims the
state of his mental health record is exaggerated, but
provides no supporting details in this regard. Beall states
that he has performed a "couple of spiritual
wonders:" and as a result, doctors have diagnosed him as
schizophrenic and bipolar. ECF No. 9 at I.
attests that Beall is diagnosed with schizoaffective
disorder, bipolar type, and his symptoms include grandiose
delusions, threats of violence, and assaultive behavior. ECF
No. 6-3 Â¶ 4. When Beall first entered Perkins, he alternated
between complying and not complying with his prescribed
medication regimen. Id. Â¶ 5. During the summer of
2014. Beall's behavior became increasingly aggressive and
violent. Id. He punched the glass on the door to his
room and shattered it. He exhibited increasing paranoia,
repeatedly threatened staff and threatened to kill his
father. He punched a nurse and was placed in restraints.
While in restraints, he named the persons he planned to kill
when the restraints were removed. Id. Beall admitted
to El-Sayed that he had not been taking his medications. ECF
No. 6-4 at 2. Because he refused to take his prescribed
medication. El-Sayed requested that a clinical review panel
("CRP") consider the case pursuant to Md. Code
Ann., Health-Gen Art. Â§ 10-708. to consider whether
medication should be administered to Beall over his
objection. ECF No. 6-3 Â¶ 5. On August 6, 2014. CRP approved
the non-consensual administration of medication to Beall.
Id. The CRP decision was renewed through April 2015.
At that time, the treatment team and El-Sayed believed that
Beall's condition had improved so that the CRP was no
longer necessary. Id. Â¶6.
the CRP expired. Beall's condition worsened. He again
became hostile and threatened staff and patients. Id . Â¶
7. Beall expressed bizarre and grandiose delusions and
threatened to kill El-Saved and other staff with an AK-47. ...