United States District Court, D. Maryland
W. Grimm United States District Judge
are Ndokey Enow's verified complaint, ECF No. 1, and
verified supplement to the complaint, ECF No. 20, filed
pursuant to 42 U.S.C. § 1983. Along with his pleadings, he
filed his own affidavit, ECF No. 1-1, the affidavit of a
fellow inmate, ECF No. 1-2, and exhibits, ECF Nos. 1-3, 1-4.
Enow claims that he was denied his rights under the Eighth
and Fourteenth Amendments to the United States Constitution when
Defendants failed to protect him from harm by other inmates
and denied him medical treatment after an assault. Enow is
suing Warden Richard D. Dovey, Lt. Ian Bryant, Lt. Charles
Butts, Sgt. John Colliflower, Lt. Kellar Covington, Acting
Lt. Michael Cunningham, Sgt. Sydney Jackson, CO II
Christopher Petrie, Lt. Steven Thomas, and Captain James
Younker. Defendants are correctional administrators and staff
at the Maryland Correctional Institution in Hagerstown,
Maryland (“MCI-H”), and they are sued in their
official and individual capacities.
have filed a Motion to Dismiss or, in the Alternative, for
Summary Judgment ECF No. 22, with a memorandum, ECF No. 22-1,
and verified exhibits, ECF Nos. 22-2, 22-3, and declarations,
ECF Nos. 22-4 - 22-11, in response to the Complaint. Enow has
filed a verified opposition with exhibits, ECF No. 25, 25-1 -
25-6, and he later supplemented the opposition. ECF Nos. 26,
26-1, 27, 27-1, 31-1. Also pending is Enow's Motion to File
an Amended Complaint. ECF No. 30. After considering the
pleadings, exhibits, and applicable law, I find a hearing
unnecessary to resolve the issues pending before me.
See Loc. R. 105.6 (D. Md. 2016). Enow's Motion
to File an Amended Complaint will be denied because the
proposed amendments are futile. Defendants' Motion will
be treated as a Motion for Summary Judgment and granted for
reasons to follow.
an inmate in the custody of the Maryland Division of
Correction and presently incarcerated at the Eastern
Correctional Institution (“ECI”). He filed this
Complaint on April 22, 2015, alleging that Defendants were
negligent by failing to protect him from harm in
“January through November of 2015” during the
time he was incarcerated at MCI-H. Compl. 1, 5; Supp. Compl.
4. He alleges that Warden Dovey failed to adequately train
and supervise prison guards at MCI-H, and that Dovey
negligently removed him from protective custody housing.
Compl. 10-12; Supp. Compl. 11-12.
alleges that Defendants assigned him to live in cells with
dangerous inmates who assaulted him. Compl. 6; Supp. Compl.
4. Specifically, he alleges that he was attacked on November
19, 2015 and November 25, 2015. Compl. 6; Supp. Compl.
alleges that on November 19, 2015, his cellmate Rawl Johnson
attacked him. Enow alleges that he suffered a concussion, and
Defendants Petrie and Cunningham left him alone while he was
unconscious and failed to obtain medical treatment for him.
Compl. 6; Supp. Compl. 4. Enow claims that Defendants
Cunningham, Jackson, Butts, Younker, Colliflower, and Petrie
failed to intervene to stop the assault. Compl. 15; Supp.
Compl. 13. Further, Enow alleges that Defendants Covington,
Thomas, Bryan, and Younker knew that Johnson was violent and
had deteriorating mental health, but failed to transfer Enow
to another cell. Compl. 14-15; Supp. Compl. 12-13. Enow
alleges that Covington failed to come to his aid because Enow
was suing the prosecutor and judge who convicted him. Compl.
15. Enow states that he was removed from the cell after the
attack, and he alleges that Cunningham then stole his
personal property, including photographs and legal reference
books. Compl. 7.
Enow claims that on November 25, 2015, his cellmate Christian
Thomas attempted to murder him by tying a rope around his
neck while he was asleep. Compl. 8, Supp. Compl. 6. Thomas
then stabbed Enow's finger. Enow alleges that Cunningham,
Jackson, Butts, Younker, Colliflower, and Petrie acted with
deliberate indifference to his safety by failing to intervene
during the attack. Compl. 15; Supp. Compl. 13. Thomas
allegedly told Enow that officers had instructed him to kill
Enow and make it look like a suicide. Compl. 9, Supp. Compl.
7. Enow claims that Thomas is a member of the Bloods, which
Enow described as a gang that targets inmates identified as
government informants or “snitches” for attack.
Compl. 9, Supp. Compl. 7.
alleges that Defendants knew there was frequent violence at
MCI-H but failed to use available classification information
to assign compatible inmates as cellmates and to prevent
housing him with gang members. Compl. 16; Supp. Compl. 13. He
claims that he has filed a copy of an informal inmate
complaint dated November 15, 2015, expressing safety concerns
about his cellmate Rawl Johnson, whom he alleged suffers
“from psychosis or delusional disorder” and had
threatened him with violence. Pl.'s Compl. Exs. 56, ECF
No. 1-3; Defs.' Exs. 68, ECF No. 22-2. Enow requested
that Johnson be placed in a separate cell. Pl.'s Compl.
Exs. 56. The informal complaint does not bear a date
stamp or signature to show that it was received by
correctional staff. Id.
claims that, as a result of the assaults alleged, he suffered
loss of vision in his right eye, a concussion, deep cuts in
his mouth, facial lacerations that required stitches, bruises
on his face and body, severe pain, migraine headaches, chest
pain, ear infection, dizziness, post-traumatic stress
disorder (“PTSD”), and depression. Compl. 6;
Supp. Compl. 4.
have filed verified exhibits and declarations to refute
Enow's allegations. Enow was incarcerated at the Maryland
Correctional Institution in Hagerstown, Maryland
(“MCI-H”) from May 19, 2015 to December 3, 2015.
Traffic History, Med. Recs. 10, 12. Review of MCI-H records
failed to produce any Serious Incident or Use of Force
Reports. McNamee Decl., ECF No. 22-2.
arriving at MCI-H on May 19, 2015, Enow was assigned to
Housing Unit 5, the intake unit where Defendant Bryant is
manager. Bryant Decl. 1, ECF No. 22-9. Defendant Colliflower
also works in Housing Unit 5. Enow was in Housing Unit 5 for
two days and then “placed on Administrative Segregation
120, which means that he would have expressed fear for his
safety.” Id. at 2; see also Seg.
Notice, Defs.' Exs. 59. Bryant acknowledges that he
cannot recall any contact with Enow after his transfer to
administrative segregation. Bryant Decl. 2. Bryant
denies he or other officers knew that “Rawl Johnson was
violent and had deteriorating mental health.”
Id. Bryant further states that “[c]orrectional
officers are not in a position to assess the mental health
status of an inmate, ” and there was no mental health
assessment that Johnson was dangerous. Id. Bryant
declares that he has never intentionally placed Enow in
danger or assigned him to share a cell with an inmate known
to be dangerous. Id. Bryant states that the alleged
November 19, 2015 incident occurred in a different housing
unit from where he is assigned, and he did not know Rawl
Johnson. Id. Bryant asserts that he has “never
asked an inmate to assault Mr. Enow, and [has] no knowledge
of any other correctional officer asking an inmate to assault
medical records do not reflect any sick call requests from
November 19, 2015 until December 2, 2015, other than a
November 21, 2015 sick call request in which Enow complained
of food poisoning but did not mention the concussion he
alleges to have suffered two days earlier. Med. Recs. 178. On
December 2, 2015, Enow filed a sick call slip, complaining
that he had suffered a concussion on November 19, 2015, when
he was assaulted by Rawl Johnson, passed out, bled from his
nose and mouth. Id. at 177. He asserted that, as a
result, he suffers from migraines and headaches. Id.
The sick call slip was stamped as received on December 3,
medical records show that following the November 25, 2015
incident, Enow was taken to the medical unit for a laceration
to a finger on his right hand. Id. at 120-26;
203-10. Enow was transported to an emergency room outside the
prison where he received an x-ray and sutures. Id.
have filed copies of correctional staff work assignment
sheets for November 19, 2015 and November 25, 2015.
Id. at 16-56. Those assignment sheets establish that
Defendants Covington and Steven Thomas were not on the work
schedule for either day. Id. Defendants Butts and
Cunningham were not on the schedule for November 25, 2015.
Id. Enow does not dispute this assertion.
Defendant Covington states that he was not at work on
November 19, 2015 or November 25, 2015. Covington Decl., ECF
No. 22-4; see also Work Assignments, Defs.' Exs.
16, 17. Covington states:
Mr. Enow was difficult to place with other inmates and to
keep him safe. He considered himself better educated than
other inmates, and he would say things to other inmates that
would irritate them and instigate altercations. Most, if not
all, of Mr. Enow's problems were self-inflicted.
Mr. Enow frequently felt threatened and would go to officers
to inform them of feeling threatened. Generally the threat
was perceived but not actual. In some instances, Mr. Enow
would publically point out the inmates that he considered a
threat. On one occasion, Mr. Enow felt threatened in the chow
hall, went to correctional officers and began pointing out
One of the other inmates was Christian Thomas, who later
became Mr. Enow's cell mate. Mr. Enow believed that, as a
fellow African, Mr. Thomas should support him, but Thomas was
The inmates that Mr. Enow accused had to be placed on
administrative segregation pending investigation whether they
had threatened Mr. Enow. His claims of assault threats from
the three inmates were inconsistent. He claimed that there
was a weapon, but no weapon was found on any of the inmates.
The investigation did not find anyone that had seen the
inmates together with Mr. Enow to threaten him. Mr. Enow was
assigned to a psychiatric evaluation. The investigation
failed to reveal any actual threats, and the three inmates
were absolved of any responsibility.
Mr. Enow's habit of publicly pointing out supposed
threats, particularly including the chow hall incident,
result in the feeling that he was a “snitch.”
Correctional officers did not label Mr. Enow a
“snitch.” However, his own actions led some
inmates to consider him a snitch.
Covington Decl. 2-4.
notes that Enow was on administrative segregation at least
twice for his protection after he instigated altercations.
Id. at 3. Covington explains that in October 2015,
Enow “was assigned to share a cell with Rawl Johnson .
. . specifically because Johnson was passive and
non-threatening.” Id. Covington denies that he
“knew that Mr. Johnson was violent and of deteriorating
mental health, but refused to transfer Mr. Enow” to a
different cell. Id. Covington states that Johnson
was “not dangerous.” Id. Covington
states that he “had no knowledge of [Enow's]
ongoing legal actions” and denies that he “failed
to help Mr. Enow because he was suing the prosecutor and
judge who convicted him.” Id. Further,
Covington declares that he never intentionally acted to place
Enow in danger or assigned him to share a cell with a known
dangerous inmate. Id. Covington notes that
“[c]orrectional officers are not in a position to
assess the mental health status of an inmate, ” and
there was no evaluation by a medical provider indicating that
Johnson was dangerous. Id.
Christopher Petrie states that Enow “had difficulty
with other inmates.” Petrie Decl. 1, ECF No. 22-5.
According to Petrie, Enow “was better educated and said
things that angered other inmates, and then he would
exaggerate the resulting incidents.” Id.
Petrie was working as an administrative segregation escort on
November 19, 2015 and November 25, 2015. Id. at 2.
Petrie denies that he and other officers failed to intervene
during the alleged attack on November 19, 2015. Id.
Petrie declares that Enow “had a verbal altercation
with his cell mate Rawl Johnson” about a food tray.
Id. Petrie recalls that he and Sergeant Cunningham,
who were “the only correctional officers in the area,
” separated the cellmates. Id. Sergeant
Cunningham moved Enow to the recreation room across the
hallway. “After feed up, Mr. Enow threatened to fight
Mr. Johnson, so [Petrie and Cunningham] relocated him to a
different cell.” Id. Petrie also denies depriving
Enow of access to medical treatment. Petrie attests that
“during the incident, I did not see Mr. Johnson assault
Mr. Enow, and there was no indication that he had been
assaulted. Mr. Enow did not request to be taken for a medical
explains that because the altercation was verbal and there
was no indication of physical assault, there was no need to
file a serious incident report or escort either inmate to the
medical unit for evaluation. Id. at 2-3. Petrie
states that, as the escort officer, he “remember[s]
taking Mr. Enow for a medical evaluation for a cut finger,
” but cannot remember “any details or whether
there was an actual assault.” Id. at 3. Petrie
recalls that “Thomas was there and was relocated,
” and “to the best of [his] knowledge, there is
no record of an assault.” Id. Petrie attests
that he never intentionally acted to endanger Enow and
“never assigned him to share a cell with a known
dangerous inmate.” Id. Petrie attests that he
has “never asked an inmate to assault Mr. Enow and
[has] no knowledge of any other correctional officer asking
any inmate to assault Mr. Enow.” Id.
Charles Butts denies Enow's allegations against him.
Butts Decl., ECF No. 22-6. On November 19, 2015, Butts was a
timekeeper working out of an operations center in the main
building, which is separate from the administrative
segregation unit. Butts was not on the tier and had no
interaction with Enow or his cellmate. Id. Butts was
not at work on November 25, 2015. Butts attests that he has
never intentionally acted to endanger Enow, “never
assigned him to share a cell with a known dangerous inmate[,
] . . . never asked an inmate to assault Mr. Enow, and [has]
no knowledge of any other correctional officer asking an
inmate to assault Mr. Enow.” Id.
James Younker is a shift commander. Younker Decl. 1, ECF No.
22-7. He works in an office adjacent to the operations center
in the main building at MCI-H, which is separate from the
administrative segregation housing unit. Id. Younker
asserts that on November 19, 2015, he was not on the tier and
had no interaction with Enow or his cell mate. Id.
at 1-2. Younker was not at work on November 25, 2015.
Id. at 2. Younker denies that he knew Rawl Johnson
was violent or that his mental health was deteriorating, and
states that correctional officers do not assess inmate mental
health status and that no medical professional had assessed
Johnson to present any danger. Id. Younker states
that when he assigns cell mates, he “evaluate[s] safety
issues, including gang affiliation.” Id.
Members of different gangs are not assigned together, but
non-gang members are assigned “to share cells with gang
members because there is no gang conflict.”
Id. He attests that he never intentionally acted to
endanger Enow, “never assigned him to share a cell with
a known dangerous inmate[, ] . . . never asked an inmate to
assault Mr. Enow, and [has] no knowledge of any other
correctional officer asking an inmate to assault Mr.
Steven Thomas denies Enow's allegations and states he was
not at work on November 19, 2015 or November 25, 2015. Thomas
Decl. 1, ECF No. 22-8. Thomas attests he has “no
recollection of any interaction with him.” Id.
at 2. Thomas denies that he and other officers knew Rawl
Johnson was dangerous and had deteriorating mental health,
and states that he has never intentionally endangered Enow,
assigned him to share a cell with a known dangerous inmate,
asked an inmate to assault Enow, and has no knowledge of any
officer asking an inmate to assault Enow. Id. Thomas
states that correctional officers do not assess inmate mental
health status and no medical professional had assessed
Johnson to present any danger. Id.
Michael Cunningham denies that he and other officers failed
to intervene when Enow was allegedly attacked on November 19,
2015. Cunningham Decl. 1, ECF No. 22-10. Cunningham states
“Enow had a verbal altercation with his cell mate, Rawl
Johnson . . . over who would get which food tray.”
Id. at 2. Cunningham recalls that he and Officer
Petrie “were the only correctional officers in the
area.” Id. The officers separated Enow and
Johnson, and Cunningham moved Enow to the recreation area.
Id. Cunningham states that he “did not see Mr.
Johnson assault Mr. Enow, and there was no indication that he
had been assaulted.” Id. Moreover, “[h]e
could not have been speaking to another inmate in the