United States District Court, D. Maryland, Southern Division
J. HAZEL UNITED STATES DISTRICT JUDGE
September 2. 2016, pro se Plaintiff Eddie Murphy,
then an inmate at North Branch Correctional Institution
("NBCI") in Cumberland. Maryland, filed a Complaint
against a number of NBCl employees, alleging violations of 42
U.S.C. §1983. ECF No. 1. Specifically.
Murphy alleges that Defendants Greg Flury, P.A.. and Kristi
Cortez. R.N.. (collectively the "Medical
Defendants") provided him with inadequate medical
treatment lor exposure to pepper spray, hi at
The Complaint also includes claims of excessive force and
failure to protect raised against correctional staff Jason
Frantz. William Gillum. Walter Iser. Christopher Ortt. John
Portmess, Craig Sauter. Ronald Savillc. Nicholas Soltas. and
Bradley Wilt (collectively the "State Defendants").
Id. at 7. On August 8. 2017, Murphy requested a
sixty-day extension of lime to respond to the State
Defendants" Motion to Dismiss Or. in the Alternative.
Motion for Summary Judgment, ECF No. 48. which shall be
granted. Thus. Murphy's claims against the State
Defendants are not ready for adjudication and will be
considered at a later time.
February 10. 201 7. the Medical Defendants filed a Motion to
Dismiss or. in the Alternative. Motion for Summary Judgment
and Motion for Attorney's Fees and Costs. ECF No. 20.
Murphy filed a Response in opposition on March 13. 2017.
which he supplemented a week later on March 20. 2017. ECF No.
29; ECF No. 30. On March 23. 2017. the Medical Defendants
filed a Reply. ECF No. 31.
claims against the Medical Defendants are ready for
disposition. No hearing is required. See Local Rule
105.6. For reasons set forth below, the Court grants the
Medical Defendants" Motion to Dismiss or. in the
Alternative. Motion for Summary Judgment. ECF No. 20. The
Medical Defendants" Motion for Attorney's Fees and
Costs is denied without prejudice to the motion being
re-filed after the disposition of the State Defendants"
October 9. 2013. Murphy, who was then incarcerated at North
Branch Correctional Institution in Cumberland. Maryland.,
filed a complaint in a separate suit alleging the same
violations as in the present case. Murphy v. Li. Brat/ley
Wilt, el. a!.. Civil Action No. WDQ-13-2975 (D. Md.
2014). In that case. Defendant Kristi Cortez filed a Motion
to Dismiss or. in the Alternative. Motion for Summary
Judgment on February 4, 2014. Id. ECF No. 13. Greg
Flury was not a defendant in the earlier case. On March 21.
2014. before the Court ruled on Cortez's Motion. Murphy
moved to withdraw the Complaint without prejudice because he
wanted to pursue his claims after his release from
incarceration. Id. ECF No. 21. On March 24. 2014.
the Court issued an Order granting Murphy leave to withdraw
the Complaint without prejudice, and cautioned him that if he
were to commence another action based upon or including the
same claim against Cortcz. he could be required to pay the
costs of the dismissed action in accordance with Fed.R.Civ.P.
41(d). Murphy v. Will, el ai. Civil Action No.
WDQ-13-2977. EGF No. 22.
September 2. 2016. Murphy filed this Complaint, alleging that
the Medical Defendants violated his rights under the Eighth
Amendment by providing inadequate treatment to him after he
was exposed to pepper spray on September 25. 2013. ECF No. 1.
instant Complaint. Murphy claims that after correctional
officers pepper sprayed him on September 25. 2013. he was
escorted to the medical unit where Greg Flury. a
physician's assistant, checked his vital signs. ECF No. 1
at 3, ¶ 5. Murphy alleges that although he was obviously
suffering pain and burning, with discharge of tears from the
pepper spray, Flury failed to flush his eyes. Id.
Murphy acknowledges that Flury gave him ibuprofen for pain
relief. Id. Murphy alleges that Flury should have
"communicated with Lt. Wilt that |Murphy]" should
"receive a proper decontamination shower."
Id., at 3. ¶ 5.
acknowledges that after he left the medical unit,
correctional officers in fact gave him a shower. Id.
¶ 6. Murphy maintains the shower was "for about two
seconds" and did not relieve the effects of the pepper
spray. Id. Murphy claims that he told Lt. Wilt that
the shower was inadequate, but Wilt refused to allow him a
longer decontamination shower. Id
was then placed in an isolation, or "strip." cell
for seven days. Id. at 4. ¶ 9. Murphy
complained of pain to Nurse Krissi Cortez when she conducted
medical rounds on the segregation housing unit, but he claims
"nothing was done." Id. at ¶
As relief, he seeks compensatory and punitive damages in the
amount of S500.000 against each defendant, jointly and
severally. Id. at 8.
Medical Defendants' Response
to their Motion to Dismiss, the Medical Defendants provided
verified copies of Murphy's medical records and affidavits
executed by Defendant Kristi Cortez and Robustiano Barrera.
M.D., Regional ...