United States District Court, D. Maryland
Levi Russell, III United States District Judge.
42 U.S.C. § 1983 civil rights action, Plaintiff Guy
Thomas alleges that Defendants Eastern Correctional
Institution (“ECI”) and ECI Correctional Officer
Dominick Timmons(“Officer Timmons”) violated
his federal constitutional rights when they (1) failed to
protect him from harm from fellow inmates and then (2) denied
him constitutionally adequate medical care for his resulting
injuries. Defendants filed a Motion to Dismiss or, in the
Alternative, for Summary Judgment. (ECF No. 14). Thomas filed
a Response in Opposition (ECF No. 16), to which Defendants
filed a Reply (ECF No. 18). The Court finds no hearing
necessary to resolve the pending Motion. See Local
Rule 105.6 (D.Md. 2016). For the reasons stated below, the
Court will grant the Motion.
18, 2016, Thomas sued ECI only, alleging that on June 18,
2016 at approximately 6:00 p.m., he was at recreation when
unknown inmates assaulted and stabbed him in his arm, back,
and chest (the “Incident”). (Compl. at 3, ECF No.
1). Thomas asserts that the Incident occurred while Officer
Timmons was “working the tier.” (Id.).
On August 3, 2016, the Court directed Thomas to supplement
the Complaint to name the individual responsible for failing
to protect him and to provide supporting details. (ECF No.
4). Thomas filed an Amended Complaint in which he added
Officer Timmons as a defendant. (Am. Compl., ECF No. 6).
alleges that Officer Timmons escorted him to the medical
department at approximately 11:00 p.m. on June 18, 2016.
(Id. at 2). Thomas asserts that the nurses were
careless and unhelpful, only placing a bandage on his arm.
(Id.). Thomas alleges that he received no stitches,
pain medicine, or tetanus shot because a nurse was rushed due
to a shift change. (Compl. at 4; Am. Compl. at 2, 4).
According to Thomas, when he awoke the following morning, the
bandage was soaked with blood and no one changed his
dressing. (Compl. at 4). Thomas asserts that he wrote
sick-call slips but did not receive medical treatment.
(Id.). Thomas alleges that the Medical Department
sent a nurse on July 13, 2016 to ask him to sign a
“waiver, ” but he refused because he had not received
treatment. (Compl. at 2, 4-5).
states that on June 27, 2016, he submitted an Administrative
Remedy Procedure (“ARP”) request. (Id.
at 4). According to Thomas, he wrote in the ARP that he
“did not seek any medical treatment, that [he] was in
pain, and that he was seeking an [sic] lawsuit.”
(Id.). It is unclear why Thomas' states that he
“did not seek any medical treatment” as this
statement appears to contradict his claims. The ARP reads:
I was sent to medical on 6/18/16 for getting stabbed. I was
placed in Bld. 5 without any bandages or ointment after
nurses concealed my wound. After showers, I have no type of
medical treatment. I put in sick calls but they got ignored.
I'm seeking an [sic] lawsuit due to the negligence.
(ARP ECI 1430-16, ECF No. 14-7 at 3).
investigation, the Warden determined that Thomas'
allegations were unfounded and dismissed the ARP on July 21,
2016. The Warden wrote:
Your request for Administrative Remedy has been investigated
and is hereby Dismissed; on 6/18/16, you were seen by nursing
after being stabbed. At this time an assessment was done. Per
the nurse's documentation, you were uncooperative during
the visit. Upon examination, you were asked have you ever had
a tetanus shot. You replied “I don't need it, I
told you I fell on rocks.” You had a steri strip and a
pressure dressing applied at that time and then released to
neither appealed the Warden's decision nor filed a
grievance with the Inmate Grievance Office
(“IGO”). (Donnelly Decl, . ECF No. 14-8; Neverdon
Decl., ECF No. 14-9).
August 12, 2016, Thomas filed a second ARP request,
ECI-1826-16, this time stating that he had submitted
“request slips” but received no response. Thomas
also wrote in the ARP that “a situation happened with
me getting stabbed on 6-18-16. You wrote me back and
dismissed my A.R.P. stating that the nurse said I refused
medical treatment. I never refused any medical treatment. I
have not yet gotten an answer or a response.” (ECF No.
16-1 at 1-2). The ARP continued, “I am asking for the
info of the nurse and c.o's [sic] that were involved on
that night of 6/18/16.” (Id.). The ARP was
dismissed for procedural reasons, referencing ECF 1430-16.
Thomas neither appealed the disposition of the second ARP nor
filed a grievance with the IGO. (Donnelly Decl., ECF No.
14-8; Neverdon Decl., ECF No. 14-9). Thomas alleges that the
“prison” was aware he was filing a lawsuit and
refused to identify the officer and the nurse to “cover
it up.” (Am. Compl. at 4-5).