United States District Court, D. Maryland
JAMES A. HENSON, JR. Plaintiff
RONALD SHANE WEBER, et al., Defendants
K. Bredar Chief Judge.
is a motion to dismiss or, in the alternative, motion for
summary judgment filed by defendants Assistant Warden Ronald
Weber, Melanie Gordon, MHPCA and William Taylor, Social
Worker V, Bruce Liller, Lauren Beitzel, Melissa Harr, and
Laura Wilson. ECF 9. Plaintiff has responded. ECF
Upon review of the papers filed, the court finds a hearing in
this matter unnecessary. See Local Rule 105.6 (D.
Md. 2016). For the reasons stated below, defendants'
dispositive motion will be granted.
case was instituted upon receipt of a civil rights complaint
filed by plaintiff James Henson, an inmate currently confined
at the Western Correctional Institution (“WCI”).
ECF 1. Plaintiff named as defendants Ronald Weber, Melanie
Gordon, William Taylor, Bruce Liller, Lauren Beitzel, Melissa
Harr, Laura Wilson, “WCI Medical Staff,
” Nurse Monica, and Jeanette
Simmons. ECF 1 at 1. Plaintiff states that he
suffers from two broken collarbones and a severely damaged
rotator cuff that causes numbness and pain throughout his
extremities. Id. at 3. He states that he is in need
of an MRI and medication for pain relief. Id. He
seeks access to the courts, an MRI, 24-hour medication for
pain, reconstructive surgery, protective custody, an
independent federal investigation, and a “Section 20
interstate correction compact (ICC).” ECF 1 at 3.
filed an administrative remedy on February 1, 2017
(WCI-329-17), raising the same allegations as he does in the
instant complaint. ECF 1-1 at 1; ECF 9-2 at 10-11. The ARP
was dismissed on February 2, 2017, pending submission of more
information regarding the location of each physical injury.
Plaintiff failed to submit the requested information, and the
ARP was dismissed on February 18, 2017, for failing to follow
the instructions. ECF 9-2 at 10. Plaintiff did not appeal the
dismissal to the Commissioner of Correction
(“headquarters appeal”). Rather, on March 22,
2017, he filed a grievance with the inmate grievance office
(“IGO”), which dismissed the appeal on May 17,
2017. Id. pp. 8-9, ¶ 3(b) (Neverdon Decl).
Factual Response to Claims
is no evidence in plaintiff's medical records that he
suffers from broken clavicles as he alleges in his complaint.
ECF 9-3 (Medical Records). An x-ray of his shoulder was taken
in July of 2014, following an altercation, and it showed no
fracture, dislocation, or subluxation. Id. at 27-28.
X-rays of both of plaintiff's shoulders were taken in
October of 2014, due to plaintiff's continued complaints.
Id. at 56. No. evidence of fracture, dislocation, or
subluxation was found in either shoulder. Id. The
medical records demonstrate that plaintiff is regularly seen
by medical staff (ECF 9-5) and regularly refuses to cooperate
with his health care providers. ECF 9-3 at 5, 7-9, 12-14, 34,
36-40, 42-43, 45, 50-51, 58-61, 63-85, 87-89, 92-112,
114-116, 118-119, 122.
Assistant Warden Weber, formerly a Mental Health Professional
Supervisor at WCI, avers that medical services at WCI are
provided to inmates by a private medical contractor. ECF 9-2,
p. 2, ¶¶ 1-2. In both his position as Mental Health
Professional Supervisor and Assistant Warden, Weber states
that he had no personal involvement in the provision of
medical care. Id. at ¶ 2. He had no authority
to order medical staff to perform any particular medical
procedure or treatment. Id. He also avers that he
had no responsibility to monitor the provision of medical
services to inmates. Id. He further states that he
is not licensed to practice medicine and defers the medical
care and treatment of inmates to the expertise of the
contracted medical staff. Id. Weber states that
inmates can fill out sick call slips if they wish to be seen
by medical contractors, who determine the dates and times for
those appointments. Id. at p. 3, ¶ 3.
and Gordon each aver that they have no personal involvement
in the provision of medical care to any WCI inmate. ECF 9-2,
p. 4, ¶ 2 (Taylor Decl.); ECF 9-2, p. 6, ¶ 2
(Gordon Decl.). They state that they have not hindered access
to treatment in any way. Id. They each confirm that
they have no authority to order contracted medical staff to
perform any particular procedure or provide any particular
treatment and have no responsibility to monitor the provision
of medical services. They further aver they are not licensed
to practice medicine and defer the medical care and treatment
of inmates to the expertise of medical staff. Id.
affidavits filed in another case involving plaintiff,
Beitzel, Harr, and Wilson each aver that they have no role in
providing medication to manage an inmate's pain. See
Henson v. Speir, et al., Civil Action No.,
JKB-16-289, ECF 17-2 at 4-9. Wilson, Harr, and Beitzel advise
that they are mental healthcare providers at NBCI (not WCI
where plaintiff is currently confined) and as such do not
participate in the provision of any medical treatment or the
prescription of medications for inmates. Id. Each
states that she has never been involved in, interfered with,
or delayed the provision of medical care to plaintiff.
Standard of Review
Motion to Dismiss
purpose of a motion to dismiss filed pursuant to Federal Rule
of Civil Procedure 12(b)(6) is to test the sufficiency of the
plaintiff's complaint. See Edwards v. City of
Goldsboro, 178 F.3d 231, 243 (4th Cir. 1999). The
dismissal for failure to state a claim upon which relief may
be granted does not require defendant to establish
“beyond doubt” that Plaintiff can prove no set of
facts in support of his claim that would entitle him to
relief. See Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 561 (2007). Once a claim has
been stated adequately, it may be supported by showing any
set of facts consistent with the allegations in the
complaint. Id. at 563. The court need not, however,
accept unsupported legal allegations, see Revene v.
Charles County Comm'rs, 882 F.2d 870, 873 (4th Cir.
1989), legal conclusions couched as factual allegations,
see Papasan v. Allain, 478 U.S. 265, 286 (1986), or
conclusional factual allegations devoid of any reference to
actual events, see United Black Firefighters v.
Hirst, 604 F.2d 844, 847 (4th Cir. 1979).
Motion for ...