United States District Court, D. Maryland
W. GRIMM UNITED STATES DISTRICT JUDGE.
Warden Kathleen Green moved to dismiss or for summary
judgment in the above-captioned civil rights case. ECF No.
18. Plaintiff opposes the motion. ECF No. 21. No hearing is
required for disposition of the matters pending before the
Court. See Local Rule 105.6 (D. Md. 2016). Because
Plaintiff failed to properly exhaust his administrative
remedies before filing this suit, Defendant's motion,
construed as a Motion for Summary Judgment, shall be granted.
Dameium Dwight Burroughs is an inmate committed to the
custody of the Maryland Division of Correction and confined
in Eastern Correctional Institution (ECI) in Westover,
Maryland. He alleges that on January 16, 2016, he was
sleeping in his cell when he woke to the sound of someone
pulling on the cell door. Compl. 8, ECF No. 1. Burroughs
states that the door came open and several inmates ran into
his cell and stabbed him twice in the head and “several
times” in his side and back. Id. During the
assault, Burroughs claims his television and his new
state-issued clothes were stolen. Id.
alleges that he had informed correctional officers prior to
this incident that it was possible to pull on the cell doors
open without a key. Id. He claims that he had
previously requested that the door be repaired. Id.
states that on the morning following the assault, members of
the Black Guerilla Family (BGF) saw that he was still on the
tier and he “had to fight again.” Id.
relief Burroughs seeks compensation in the amount of $1, 500
and a transfer away from ECI to ensure his safety.
supplemented the Complaint twice. First Supp. Compl., ECF No.
8; Second Supp. Compl., ECF No. 12. In the first supplemental
filing, Burroughs states that his legal papers, which
included copies of request slips to have his cell door
repaired, were taken from his cell during a search ordered by
Warden Green. First Supp. Compl. He further states that he
had a color television and a PlayStation 2 stolen from his
cell. Id. He admits he did not have
“paperwork” for the PlayStation 2. Id.
second supplemental filing, Burroughs filed a copy of a
medical record dated January 17, 2016, which indicated that
he was seen by Kimberly Malin, RN for “3 superficial
abrasions on left abdomen and side” and “one
puncture wound on head.” Second Supp. Compl. Attach. 1,
at 1, ECF No. 12-2. Malin observed that the wounds were
healing and there was no evidence of infection. Id.
In addition, Burroughs filed a copy of an appeal of the
Department of Correction's response to an administrative
complaint. Second Supp. Compl. Attach. 1, at 3. The appeal
concerns the January 16th assault as well as the issue with
the cell doors failing to lock. Id.
Green asserts, in response to the Complaint, that Burroughs
did not properly exhaust administrative remedies and that she
is entitled to qualified immunity. Def.'s Mem., ECF No.
18. In addition, Green provides a sworn declaration and
verified records that establish that a PlayStation and
PlayStation controller on were confiscated from Burroughs on
September 21, 2014 and returned to the rightful owner,
another inmate. Switalski Decl. ¶ 4, Def.'s Mem. Ex.
1, at 1-3, ECF No. 18-2; Notice of Confiscation, Mot. Dismiss
Ex. 1, at 55. At that time, Burroughs was given television on
loan. Switalski Decl. ¶ 4; see also Notice of
Registration, Def.'s Mem. Ex. 1, at 56. Personal property
inventory sheets dated January 19, 2015 and January 17, 2016
documenting Burroughs's property do not reflect that
Burroughs owned a television or a PlayStation 2. Switalski
Decl. ¶ 4; Jan. 19, 2015 Personal Property Inventory,
Def.'s Mem. Ex. 1, at 57; Jan 17, 2016 Personal Property
Inventory, Def.'s Mem Ex. 1, at 58.
regard to Cornelius Kilson, the only inmate identified by
Burroughs as being responsible for the assault, no records
were found to show that inmate presented a threat to
Burroughs prior to January 16, 2016. Switalski Decl.
Burroughs had no other listed enemies who were housed at ECI
prior to the assault. Id. On January 27, 2016, an
inmate alert was added to Burroughs's base file records
indicating that Kilson presented a threat to his safety.
Burroughs was housed in general population at the time of his
assault, no surveillance video of the assault was captured as
video surveillance equipment is not present on general
population units at ECI. Switalski Decl. ¶ 3. On January
16, 2016, at the time of the assault on Burroughs, the
housing tier log reflects that officers “were
conducting rounds to monitor security.” Id.
¶ 6. There is no entry in the log indicating that an
inmate-on-inmate assault (denoted as a 10-10) occurred.
following morning, a log entry indicates there was an
altercation between Burroughs and Kilson that occurred when
correctional officers were electronically opening cell doors
on the tier to allow inmates to go to breakfast. Switalski
Decl. ¶ 5. The notice of infraction issued to Burroughs
and written by Officer D. Schweitzer indicates that Burroughs
ran across the tier to Kilson's cell (C-31) when he was
released from his cell (C-46). Notice of Inmate Rule
Violation, Def.'s Mem. Ex. 1, at 18. Burroughs went into
Kilson's cell, throwing punches, and both men came out of
the cell engaged in a fist fight. Id. Because both
men continued to fight after ordered to stop, offers used
pepper spray to break up the fight. Id. A use of
force and serious incident report were later prepared as a
result of the incident. Use of Force Report, Def.'s Mem.
Ex. 1, at 23-53.
January 18, 2016, Burroughs was interviewed by Lieutenant
Tanicka White, who investigated the use of force.
Id. at 24. Burroughs told White that on January 16,
2016, during the 3-11 shift and while inmate sanitation
workers were out of their cells before the shift change,
“a sanitation worker walked down C tier and approached
5 different cell doors and yanked real hard and pulled them
opened [sic] while they were secured and/or
deadlocked.” Id. After the inmates in those
five cells were released, one of them yanked on
Burroughs's door and they rushed into his cell and beat
and stabbed him. Id. Burroughs also told White that
while he was being assaulted another inmate stole his
television. Id. After the assault, the inmates fled,
and Burroughs closed his door and cleaned his wounds.
Id. He stated that the only one of his assailants he
recognized was Kilson because he was the one holding the
admitted that once his cell door was opened for breakfast, he
rushed straight to Kilson's cell door and as soon as
Kilson's door was opened they began to fight.
Id. He further admitted that several direct orders
were given for them to stop fighting, which were ignored, and
told White that “this was not over because they stabbed
him.” Id. ...