United States District Court, D. Maryland
FRANCIS C. MBEWE, # 360922 Plaintiff,
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES AND CORRECTIONAL MENTAL HEALTH CENTER-JESSUP, Defendants.
L. Hollander United States District Judge
C. Mbewe, the self-represented plaintiff, is an inmate at the
Correctional Mental Health Center, Patuxent Institution
(''Patuxent''). On November 3, 2014, he filed a
''Petition to Show Cause for an Injunction''
(ECF 1), naming as defendants the Department of Public Safety
and Correctional Services (''DPSCS'') and the
Correctional Mental Health Center - Jessup. He claims that
defendants fail to protect him from violence; he was
administered psychotropic medication against his will even
though he does not have a mental illness; he was denied
access to the court because defendants refused to deposit his
$40 million dollar check so that he can retain counsel for
his habeas corpus proceeding; he was refused access to the
prison law library; he was denied the opportunity to contact
witnesses to testify at his habeas corpus proceedings; and he
was denied access to his Bank of America account to obtain
funds for goods and services. ECF 1 at 1-2. Mbewe seeks to
enjoin defendants from denying him access to witnesses,
recreation, exercise, special diet, showers, and clean air
ventilation and to his Bank of America account; withholding
his $40 million check; denying him protection from harm by
other inmates; and forcibly administering psychotropic
medication to him. ECF 1 at 15-16.
Mbewe‘s allegations concerning forced administration of
medication and danger posed by inmates and others, if true,
raised serious questions about his immediate safety and
well-being, I directed counsel in the Office of the Attorney
General to file an emergency response as to these two claims.
I also directed Mbewe to supplement the petition using
preprinted forms for filing a civil rights complaint, and to
pay the filing fee or file a motion to proceed in forma
pauperis. ECF 2. Although Mbewe filed a motion for leave to
proceed in forma pauperis (ECF 5), he failed to supplement
his remaining claims. Therefore, I shall consider those
remaining claims as abandoned. Accordingly, in analyzing
Mbewe‘s request for preliminary injunctive relief, I
shall consider only Mbewe‘s claims concerning forced
administration of psychotropic medication and failure to
January 16, 2015, I notified Mbewe that counsel‘s
response could be construed as a motion for summary judgment,
and advised him that he was entitled to file an opposition
with materials in support. ECF 6; ECF 7. Mbewe did not file
an opposition. The notice informing Mbewe of his right to
oppose the response was sent to Western Correctional
Institution, not to Patuxent Institution (ECF 7). So, on
November 23, 2015, I directed the Clerk to mail a copy of the
notice to Mbewe at Patuxent Institution. ECF 9. And, I
granted Mbewe until December 23, 2015, to file an opposition,
but he did not do so. See Docket.
considering the pleadings, exhibits, and applicable law, I
will deny the Petition for Injunctive Relief, for the reasons
filed his suit while he was an inmate at the Correctional
Mental Health Center -Jessup. ECF 1 at 2, ¶ 1. The
majority of Mbewe‘s petition for injunctive relief
addresses his concern that he was labeled a snitch and as a
result was at risk of harm from fellow inmates during the
time he was housed at Western Correctional Institution
(―WCI-). ECF 1.
was transferred from Maryland Correctional Training Center
(―MCTC-) to WCI on July 15, 2013, after he requested
protective custody housing due to threats and fear of
assault. Id. at 2-3, ¶3. On August 23,
2013, his request for protective custody at WCI was denied.
Id. at 3, ¶ 4.
on October 17 and 18, 2013, Mbewe requested a cell transfer
due to multiple problems he claimed to be having with his
cellmate because he was labeled a snitch, and his request was
denied. ECF 1 at 3, ¶¶ 5, 6. Plaintiff pursued
grievance proceedings. Id. ¶¶ 7-9. Mbewe
alleges that on March 9, 2014, he partially swallowed butter,
which he believed was mixed with feces, and indicates that
other inmates had handled his food tray. Id. at 5,
claims he was admitted to the WCI infirmary on April 4, 2014,
for food poisoning and snake bites. Mbewe states he was
attacked by a ―black on command snake which coiled
itself around his body and identified itself as Shane Weber,
the chief psychologist; and then there after by Nurse Maria
all WCI employees.- Id. When Mbewe returned to his
cell from the infirmary, his cellmate called him a snitch and
threatened him. Id. at 6.
complained to Correctional Officers Lark and Robert on April
15, 2014, stating that his cellmate had threatened him and
that he feared for his safety. ECF 1 at 6, ¶ 11. He
asked to be moved to a different cell. Lark entered the cell,
spoke to the cellmate, and told Mbewe to return to the cell.
Id. Mbewe states he was struck by his cellmate and,
when he attempted to defend himself, Officer Robert sprayed
―a whole canister of mace on him.- Id. at 6-7,
¶ 11. Mbewe also claims Warden Wayne A. Webb put
a ―Klu Klux Klan hit- on him. Id. at 7, ¶
also alleges that he was stabbed by Officer Wilburn while
other officers were conducting a cell search in cell 4-B-12.
Id. He does not state when or in what facility this
states he is housed in a mental health facility against his
will even though he is able to distinguish right from wrong.
Id. at 7, ¶ 12. Mbewe complains that he is
housed with mentally unstable and violent inmates who pose a
threat to him. Id. In addition, he complains that he
has been denied showers, recreation, and a special diet.