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Beall v. State

United States District Court, D. Maryland, Southern Division

August 22, 2016

RICHARD HOWARD BEALL, JR., Petitioner,
v.
STATE OF MARYLAND, et al., Defendants.

          Richard Howard Beall, Jr, Petitioner, Pro Se.

          State 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.

          Dr Khlid El Sayed, Respondent, represented by Kathleen A. Ellis, Office of the Attorney General.

          Doctor Helsel, Respondent, represented by Kathleen A. Ellis, Office of the Attorney General.

          MEMORANDUM OPINION

          GEORGE J. HAZEL, District Judge.

         On July 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. § 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.

         Respondents, 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.

         Upon 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.

         I. BACKGROUND

         Clifton 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. §§ 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 ¶¶ 3, 8.

         In 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.

         Beall was released from Springfield twice on conditional release pursuant to Md. Code Ann., Crim Pro. Art. §§ 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. §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. § 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.

         On 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. § 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.

         Beall 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.[1] 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.

         In his 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.[2] 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.

         El-Sayed 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 ¶ 4. When Beall first entered Perkins, he alternated between complying and not complying with his prescribed medication regimen. Id. ¶ 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. § 10-708. to consider whether medication should be administered to Beall over his objection. ECF No. 6-3 ¶ 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. ¶6.

         After the CRP expired. Beall's condition worsened. He again became hostile and threatened staff and patients. Id . ¶ 7. Beall expressed bizarre and grandiose delusions and threatened to kill El-Saved and other staff with an AK-47. ...


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