United States District Court, D. Maryland
RICHARD D. BENNETT UNITED STATES DISTRICT JUDGE
Warden Frank Bishop, Lt. Michael Bulger, Officer Brett
Payton, Ofticer David Lepley, Correctional Case Management
Specialist Jason McMahan, and Correctional Case Management
Manager Richard Roderick filed a Motion to Dismiss or in the
alternative for Summary Judgment in response to the
above-entitled civil rights complaint. ECF 20 and 22. Plaintiff
was advised of his right to file an Opposition Response to
the motion and of the consequences of failing to do so by
letter from the Clerk of this Court. ECF 2I and 23. He has
filed nothing further in the case and the motion remains
unopposed. For the reasons stated below, the motion,
construed as a Motion for Summary Judgmen,  shall be granted.
Lawrence Kenneth Allen, an inmate committed to the custody of
the Maryland Department of Public Safety and Correctional
Services and at all times relevant confined at North Branch
Correctional Institution ("NBCI"), asserts he was
"viciously, violently, savagely Defendanss filed a
corrected Memorandum in Support which was docketed at ECF
H Plaintiff was given a second notice to file an
Opposition Response after it was filed.
dispositive submission will be treated as a Motion for
Summary Judgment under Federal Rule of Civil Procedure 56
because materials outside the original pleadings have been
considered See Bosher v U 9 Ainvays. 510
F.3d 442, 450 (4th Cir. 2007) g attacked and
assaulted"' on June 14, 2016, when Lt. Wilt,
Sgt. Schoeder, Sgt. Bulger, Officers Crowe, Payton, Lepley
and Gilpin entered his cell. ECF 1 at p. 3. He claims these
officers "dragged and stomped" him. Id.
Although it is not entirely clear from the content of the
complaint, it appears Allen claims the assault occurred
following his receipt of a Notice of Infraction issued by
Case Managers Ms. Zies and Ms. Leese. Id. He
asserts that when the infraction was issued lies and
Leese told him he should not seek assistance from the warden
regarding his "current release situation."
as exhibits to the complaint are documents reflecting that
Allen was considered for restoration of 1436 days of revoked
good conduct credits. ECF I-I at p. 7. Staff considering the
restoration recommended restoration of 180 days of good
conduct, noting Allenss "medical issues and recent
writing campaign"' /d. Allen also attaches
an administrative remedy procedure complaint
("ARP") in which he addresses Warden Bishop and
claims the "allegations made at [his] restoration
hearing were to quote LI. Wilt known to be false."
Id. at pp. 5 - 6. He further complains that Case
Management Manager Richard Roderick was refusing to hold
another restoration hearing. Id. at p. 6.
relief, Allen seeks monetary damages and an immediate release
from custody. ECF 1 at p. 3.
assert that there is no record of a Use of Force or Serious
Incident involving Allen on June 14, 2016. ECF 22 at Ex. I
(Declaration of John White, Case Management Specialist II).
There are no reports or daily log entries indicating anything
occurred involving Allen and there arc no medical records
within two weeks before, on, or after June 14, 2016,
indicating that Allen requested medical care due to an
Benjamin Crowe asserts that Allen was housed in Housing Unit
I during June, 2016. ECF22atEx.2, ~3 (Declaration of Officer
Crowe). Crowe denies assaulting Allen. Id. at ~4.
Officer Brett Payton also denies assaulting Allen.
Id. at Ex. 3, ~4 (Declaration of Officer II Brett
Payton). Officer Andrew Gilpin was not in Housing Unit I on
June 14, 2016, and explains he was assigned to a different
duty station. Id. at Ex. 4, ~4 (Declaration of
Officer Andrew Gilpin). Gilpin also denies assaulting Allen
as alleged. Id. at ~5. Officer David Lepley denies
assaulting Allen and states he was not even working on June
14, 2016, as it was his regularly scheduled relief day.
Id. at Ex. 5, .¶¶4 & 5 (Declaration of
Officer David Lepley), see also Ex. I at p. 6 (Post
Assignment Worksheet for June 14, 2016..
further state that Allen filed 326 ARPs during his
confinement at NBC!. ECF 22 at Ex. I, pp. 7 - 17 (ARP Index).
One ARP submitted on June 19, 2016, alleged that Allen was
being threatened and harassed by Officer Payton. Id.
at ~ 7. Allen was directed to resubmit the complaint
with details concerning the allegation such as the date and
time of the alleged conduct and information regarding the
harassmen.. Id. When Allen failed to resubmit the
ARP as directed, it was dismissed. Id.
Notwithstanding Allen's penchant for filing ARPs, he did
not file one alleging he was assaulted on June 14, 2016.
Roderick states that he attended a hearing regarding
restoration of good conduct credit for Allen, as the Wardenss
designee, on October 18, 2012. ECF 22 at Ex. 6, ~ 5
(Declaration of Richard Roderick). The team considering
restoration included Jason McMahon, Lt. Pennington, and Case
Management Specialist Charlotte Zeis. Id. at ~7.
Roderick and McMahon assert that all of the information
considered for the hearing and documented on the Case
Management Sheet was true and was gathered from Allen's
institutional basefile and OBSCIS. ECF 22 at Ex. 6, ~ 6 and
7, ~ 6 (Declaration of Jason McMahon). Based on that
information, the team recommended restoration of 180 days of
good conduct credit. ECF 22 at Ex. 6, ¶ 9. Roderick, who
was Acting Assistant Warden at the time, approved the
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 ...