United States District Court, D. Maryland
Deborah K. Chasanow United States District Judge
above-captioned case was opened after the court received
correspondence from Terrance Murphy, an inmate at North
Branch Correctional Institution (“NBCI”),
alleging that his life was in danger. ECF No. 1. The court
directed Murphy to supplement the complaint with the names of
individuals who allegedly were threatening him, the dates and
facts of incidents when his safety was imperiled; and his
efforts to inform prison officials. Murphy subsequently filed
a supplement on court provided forms for filing a civil
rights complaint. ECF No. 2. As relief, Murphy seeks damages
and transfer to another correctional institution.
court deemed Murphy's allegations of imminent danger
sufficiently serious to require an expedited response. On
November 4, 2015, counsel with the Office of the Attorney
General of Maryland filed a response opposing preliminary
injunctive relief supported by verified exhibits, including
declarations and medical and institutional records. ECF No.
court notified Murphy of its intention to construe the
response as a motion for summary judgment and granted him
time to respond. ECF No. 8. Murphy filed a response on
November 30, 2015. ECF No. 9.
case is ready for disposition. After considering the papers,
exhibits, and applicable law, the court concludes a hearing
unnecessary to resolve the issues. See Local Rule
105.6 (D. Md. 2016). For reasons stated below, preliminary
injunctive relief will be denied and summary judgment will be
granted in favor of Defendant.
states that he has served six years of a ten year sentence
and is housed at NBCI with dangerous inmates who are serving
life sentences. Murphy alleges that inmates serving life
sentences have no concern about losing good time credits and
therefore might kill him at any time. ECF No. 1. Murphy
claims that he should be placed in a single cell because he
is soon to be released,  and has bi-polar disorder and
post-traumatic stress disorder (“PTSD”). ECF Nos.
states that he advised the prison psychology department about
his housing concerns for fear he will be placed on
disciplinary segregation for either hurting someone or
someone hurting him. His request for assistance was denied.
ECF Nos. 1, 3. Murphy also wrote to the Inmate Grievance
Office and the Warden, but received no response. He states
that his administrative remedy procedure requests
(“ARP”) were dismissed. ECF No. 3.
directed to provide the names of individuals who allegedly
have threatened him and the dates of these incidents, Murphy
has not done so. Further, Murphy does not explain how his
mental health conditions warrant his placement in single
claims of danger and need for single cell housing were
investigated by Randy Durst, a correctional case manager at
NBCI. ECF No. 7-1, decl. of Randy Durst. Durst attests that
on October 16, 2015, he contacted Anita Rozas, the social
work site supervisor, to see if she had any insight into
Murphy's alleged need for single cell placement due to
bi-polar disorder and PTSD. Durst received a response from
Melissa Harr, a social worker, who indicated that she had
corresponded with Murphy concerning release planning. Harris
stated that Murphy never mentioned his need for a single cell
due to bi-polar disorder, PTSD, or in light of his release
date. Id. ¶ 5.
also attests that Murphy's ARP request index contains one
ARP alleging that his life was in danger. In
NBCI-ARP-1704-15, filed on August 21, 2015, Murphy alleged
that his life was in danger because his cellmate was bleeding
profusely and he was acting as his caregiver. Id.
¶ 6; ECF No. 7-1. Murphy withdrew that ARP on August 20,
2015. Id. Murphy did not claim in that ARP request
that he needed single cell placement. Id. ¶7.
of his investigation, Durst requested and reviewed
Murphy's records from the psychology department. The
records indicate that Murphy's conditions are managed
with medication. ECF No. 7-1. The October 6, 2015 record
noted that Murphy denied having depressive feelings and
exhibited no signs of mania or psychosis. The October 8, 2015
note reads that Murphy “is doing well and goal
directed.” Id. ¶ 8. Durst states that
there was no indication that Murphy had expressed a need for
a single cell or that psychology staff deemed a ...