Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Murphy v. Soltas

United States District Court, D. Maryland, Southern Division

September 8, 2017

EDDIE MURPHY, #306651 Plaintiff,
v.
NICOLAS SOLTAS, CO II, CO II CRAIG SALTER, LT.BRADLEY WILT, CO II JASON FRANTZ, CO II CHRISTOPHER ORTT, CO II RONALD SAVILLE, JOHN PORTMESS, SGT. WILLIAM GILLUM, SGT. WALTER ISER, R.N. KRISSI CORTEZ, GREG FLURY, P.A. Defendants.

          MEMORANDUM OPINION

          GEORGE J. HAZEL UNITED STATES DISTRICT JUDGE

         On 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 3.[1] 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.

         On 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.

         Murphy"s 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" claims..

         I. BACKGROUND

         A. Procedural History

         On October 9. 2013. Murphy, who was then incarcerated at North Branch Correctional Institution in Cumberland. Maryland., [2] 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.

         On 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.

         B. Murphy's Allegations

         In the 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.

         Murphy 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[3]

         Murphy 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 ¶ 7.[4] As relief, he seeks compensatory and punitive damages in the amount of S500.000 against each defendant, jointly and severally. Id. at 8.

         C. Medical Defendants' Response

         Attached to their Motion to Dismiss, the Medical Defendants provided verified copies of Murphy's medical records[5] and affidavits executed by Defendant Kristi Cortez[6] and Robustiano Barrera. M.D., Regional ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.