United States District Court, D. Maryland
DARRELL ALAN BROADWATER, JR. Plaintiff
WARDEN OF MRDCC, et al. Defendants
FREDERICK MOTZ UNITED STATES DISTRICT JUDGE.
response to the above-entitled civil rights action,
defendants filed a motion to dismiss or for summary judgment.
ECF 15. Plaintiff opposes the motion. ECF18and22. The court
finds a hearing unnecessary for the disposition of the
motion. See Local Rule 105.6 (D. Md. 2016). For the
reasons stated below, defendants' motion, construed as a
motion for summary judgment, shall be granted.
pending are defendants' motions for extension of time
(ECF 14 and 20), which shall be granted. Plaintiffs motion
for default judgment (ECF 17) shall be denied as defendants
did not default in responding to the complaint.
Darrell Alan Broadwater is an inmate committed to the custody
of the Maryland Department of Public Safety and Correctional
Services (DPSCS). Broadwater states that on October 22, 2015,
he was incarcerated at the Maryland Reception Diagnostics and
Classification Center (MRDCC) and confined to a cell in
segregation housing designated as "3-CM." ECF 1 at
p. 5. On the morning of October 23, 2015, Broadwater awoke to
discover his body was covered in "bites" which were
not on his body the day before. Id. Broadwater
knocked on his cell door to get the correctional
officer's attention and made her aware of the bites he
had sustained. He states the officer "wrote this in her
log book, " contacted the medical unit, and called for
an escort to take Broadwater to the medical unit.
states that he was forced to wait for 12 hours in his cell,
which he maintains was infested with bed bugs, waiting for an
escort to the medical unit. ECF 1 at p. 6, He states that he
continually asked Sgt. Brown what was going on with his
escort and she told him she had called for an escort and that
she admitted to seeing bugs crawling on the wall.
was taken to the medical unit at approximately 8:50 p.m.,
where pictures were taken of his "entire body, " he
was given new clothes, and "cream to wash in."
Id. He states he was examined by a Physician's
Assistant who diagnosed him as suffering from a rash and bed
bug bites. Following his examination, Broadwater was taken
back to the same cell where he suffered the bed bug bites and
he was forced, to stay in the cell another night. Broadwater
states he continued to suffer bed bug bites throughout the
night of October 23, 2015. On October 24, 2015, Broadwater
filed an administrative remedy procedure complaint (ARP).
Approximately one-hour after turning in the ARP, Broadwater
states that "the Major, Asst. Warden and some other
people came to 3-CM." Id. After being in the
cell with bed bugs for 30 hours and suffering bites,
Broadwater was moved to another cell. Id. He states
that within one hour he felt relief from getting bitten.
do not dispute Broadwater's assertion that he suffered
bug bites during the night of October 22, 2015, and that he
informed correctional officers about the bites on the
following morning at approximately 10:00 a.m. ECF 15 at Ex.
1, pp. 11-12. Officers noted in the log book that Broadwater
could be seen at medical and that his "mattress needs to
be bagged and exchanged today." Id.
the day on October 23, 2015, officers repeatedly checked on
the status of Broadwater's escort. At 11:50 a.m., an
officer called "via radio" and spoke with Sgt.
Christian regarding an escort for Broadwater. ECF 15 at Ex.
11, p. 12. At 2:30 p.m., it was noted that Broadwater was
still waiting for an escort officer, but that none were
available. Id. at p. 13. Additionally it was noted
that "Nurse Thomas called to advise that the the Medcart
[was] delayed due to keys being locked in [the] cart."
Id. At 3:00 p.m., Corporal Wilson told Lt. Nuffin
that Broadwater and his cellmate were complaining of bed bug
bites and that they were supposed to go to the medical unit,
but the nurse had locked the keys in the medical cart and no
escort was available. Id. At 7:50 p.m. an inmate
worker came to the housing unit to clean, sanitize, and place
new mattresses in Broadwater's cell due to the bed bugs.
Id. at p. 14.
was seen on October 23, 2015, at 9:14 p.m., by medical staff
in response to a sick call slip he had submitted regarding a
painful lump on his lip. ECF 15 at Ex. 3, p. 2. A log entry
for Broadwater's housing unit notes, that he would need
another shower during the 11 - 7 shift to wash off medication
provided for the bed bug bites. Id. at Ex. 1, p. 15.
Defendants claim that Broadwater refused the shower.
Id. at p. 16.
provide a copy of the ARP filed by Broadwater that differs
from the allegations raised in the instant complaint. In the
ARP Broadwater states that he and his cellmate were given
permethrin cream 5% to apply topically and that the bites
went away after the first use of the cream. Broadwater also
states in the ARP that the cell was cleaned with bleach and
new mats were provided; he did not claim that he was put into
the same cell where he continued to be bitten. ECF 15 at Ex.
1, pp. 26 - 27.
claims in his complaint that the Warden did not respond to
his ARP and that he filed an appeal to the Commissioner of
Correction for a lack of response in "the middle of
Nov[ember] 2015." ECF 1 at p. 4. His appeal was returned
to him by the Commissioner because it was not known what
Broadwater was trying to do. Id. Broadwater filed
another appeal and he received a copy of the Warden's
response dismissing his ARP. Id. Broadwater states
that in mid-December 2015, he filed an appeal to the Inmate
Grievance Office (IGO) regarding the lack of response to the
appeal to the Commissioner filed in November 2015.
Id. He states he had not received a response from
the IGO as of June 7, 2016. Id.
state that Broadwater filed ARP-MRDCC-1627-15 with the Warden
on October 29, 2015. ECF 15 at Ex. 1, pp. 26 - 27. The Warden
dismissed the ARP on December 3, 2015. Id. at Ex. 2,
p. 14. On December 4, 2015, Broadwater filed an appeal to the
Commissioner of Correction for lack of a response by the
Warden to ARP 1627-15. Id. at pp. 15- 17. The appeal
was returned to Broadwater because he had not waited for the
Warden's response to his ARP, Id. at Ex. 4.
Broadwater signed a receipt for the Warden's response to
his ARP on January 8, 2016.
did not appeal the Warden's response to ARP 1627-15 to
the Commissioner of Correction; rather, defendants state that
he waited until May 11, 2016, to file a complaint with the
IGO (No. 20160761) as an appeal of the Warden's denial of
ARP 1627-15. Included with his submission to the IGO was his
initial ARP; the Warden's December 3, 2015 dismissal; the
December 4, 2015 submission to the Commissioner of
Correction; the Commissioner's response; and an
unsubmitted ARP dated December 8, 2015. ECF 15 at Ex. 2, .pp.
27, 2016, the Executive Director of the IGO sent an order to
Broadwater indicating that his IGO complaint was being
referred to the Office of Administrative Hearings (OAH) for a
hearing. Id. at Ex. 2, pp. 21 - 24. A hearing was
held on August 18, 2016, and a decision denying relief and
dismissing the grievance as being without merit was issued on
September 7, 2016. Id. at pp. 3 - 9; 37 - 43.
Standard of Review
Judgment is governed by Fed.R.Civ.P. 56(a) which provides
The court shall grant summary judgment if the movant shows
that there is no genuine dispute as to any material fact and
the movant is entitled to judgment as a matter of law.
Supreme Court has clarified that this does not mean that any