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Lanahan v. Taller

United States District Court, D. Maryland

March 23, 2018

DANIEL THOMAS LANAHAN, Plaintiff
v.
INNA TALLER, et al, Defendants DANIEL THOMAS LANAHAN, Plaintiff
v.
CLIFTON T. PERKINS HOSPITAL CENTER et al, Defendants DANIEL THOMAS LANAHAN, Plaintiff
v.
KIM JONES-FEARING, et al, Defendants DANIEL THOMAS LANAHAN, Plaintiff
v.
CLIFTON T. PERKINS HOSPITAL CENTER et al., Defendants DANIEL THOMAS LANAHAN, Plaintiff
v.
CLIFTON T. PERKINS HOSPITAL CENTER et al, Defendants DANIEL THOMAS LANAHAN, Plaintiff
v.
GOVERNOR LAWRENCE HOGAN, et al, Defendants DANIEL THOMAS LANAHAN, Plaintiff
v.
GOVERNOR LAWRENCE HOGAN, et al, Defendants DANIEL THOMAS LANAHAN, Plaintiff
v.
GOVERNOR LAWRENCE HOGAN, et al, Defendants DANIEL THOMAS LANAHAN, Plaintiff
v.
CLIFTON T. PERKINS HOSPITAL CENTER,

          MEMORANDUM

          CATHERINE C. BLAKE UNITED STATES DISTRICT JUDGE.

         Pending is a Motion to Dismiss, or in the Alternative, Motion for Summary Judgment, filed by defendants. ECF 31. Plaintiff has responded. ECF 33, 34, 35, 37.[2] 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, the dispositive motion, construed as a motion for summary judgment, will be GRANTED.

         Background

         A. Plaintiffs allegations:

         Plaintiff, Daniel Lanahan, currently residing at the Thomas B. Finan Center in Cumberland, Maryland, filed these civil rights actions pursuant to 42 U.S.C. § 1983. At the time he filed the cases, he was undergoing mental health evaluation and treatment at the Clifton T. Perkins Hospital Center ("Perkins"). ECF 1. Plaintiff alleged that he was denied adequate medical care and various services by Perkins' employees. Id. Given that the complaints raised similar claims regarding plaintiffs confinement in and treatment at Perkins, defendants' motions to consolidate were granted. ECF 12.

         1. Medical Care

         Plaintiff alleges that his diagnosis of schizoaffective disorder, bipolar type, is incorrect, and that instead he suffers from Attention Deficit Disorder or Attention Deficit Hyperactivity Disorder ("ADD/ADHD"). See e.g., Lanahan v. Taller, et al., Civil Action No. CCB-16-1251, ECF 1, p. 3; Lanahan v. Jones-Fearing, et al, Civil Action No. CCB-16-1252, ECF 1, p. 3; Lanahan v. Clifton T. Perkins Hospital Center, et al, Civil Action No. CCB-16-3403, ECF 2, p. 3. He claims that he only requires Adderall to treat the ADHD. Id. Plaintiff states that psychiatric medications were administered to him despite his advising the clinical review panel on April 6, 2016, that the recommended medications made him feel like he was going to die and slowed his mental function. Id.

         Plaintiff also claims that defendants denied him access to coffee, tea and other caffeinated beverages which he requested to ease his stomach pain. Lanahan v. Clifton T. Perkins Hospital Center, et al, Civil Action No. CCB-16-3403, ECF 2, p. 3.

         2. Denial of Privileges and Programming

         Plaintiff alleges that his rights have been violated by defendants' refusal to move him to minimum security. Lanahan v. Jones-Fearing, et al, Civil Action No. CCB-16-1252, ECF 1, p. 3; Lanahan v. Clifton T. Perkins Hospital Center, et al, Civil Action No. CCB-16-3403 ECF 2, p. 3; Lanahan v. Larry Lawrence Hogan, et al, Civil Action No. CCB-17-290, ECF 1, p. 3; Lanahan v. Governor of Maryland Lawrence Hogan, et al, Civil Action No. JFM-17-291, ECF 1, p. 3. Plaintiff also alleges that staff have deprived him of his rights by reducing his privilege level from gold to bronze on November 22, 2016, Lanahan v. Governor Larry Hogan, et al, Civil Action No. 16-3854, ECF 1, p. 3, and refusing to give him a platinum level on the 2 East Unit from June 2016 through January 2017, Lanahan v. Larry Lawrence Hogan, et al, Civil Action No. CCB-17-290, ECF 1, p. 3.

         Additionally, plaintiff claims that he was provided insufficient exercise and fresh air breaks, Lanahan v. Governor of Maryland Lawrence Hogan, et al, Civil Action No. JFM-17-291, ECF 1, pp. 3-4; the television channels patients could watch were improperly restricted, id., p. 4); and that his ability to share food with other patients and to buy take-out food was restricted, Lanahan v. Taller, et al, Civil Action No. CCB-16-1251, ECF 1, p. 3; Lanahan v. Governor of Maryland Lawrence Hogan, et al, Civil Action No. JFM-17-291, ECF 1, p. 3.

         Plaintiff also alleges that his rights have been violated by defendants' failure to allow him access to a GED program and by not providing him special education classes. Lanahan v. Larry Clifton T. Perkins Hospital Center, et al, No. CCB-16-827, ECF 1, p. 3.

         3. Discharge

         Plaintiff claims that he was illegally confined at Perkins and that defendants refused to release him. Lanahan v. Taller, et al, Civil Action No. CCB-16-1251, ECF 1, p. 3; Lanahan v. Jones-Fearing, et al, Civil Action No. CCB-16-1252, ECF 1, p. 3; Lanahan v. Clifton T. Perkins Hospital Center, et al, Civil Action No. CCB-16-2735, ECF 1, p. 3; Lanahan v. Clifton T. Perkins Hospital Center, et al, Civil Action No. CCB-16-3403, ECF 2, p. 3; Lanahan v. Governor of Maryland Lawrence Hogan, et al., Civil Action No. JFM-17-291, ECF 1, p. 3.

         Additionally, he claims that his social worker, Charlotte Bracy, failed to find a proper program for his release. Lanahan v. Jones-Fearing, et al, Civil Action No. CCB-16-1252, ECF 1, p.3.

         4. Free Exercise Claim

         Plaintiff alleges that defendants refused to let him go outside in order to conduct "Native American religious ceremonies. Lanahan v. Clifton T. Perkins Hospital Center, et al, Civil Action No. CCB-16-3403, ECF 2, p. 3; Lanahan v. Governor of Maryland Lawrence Hogan, et al, Civil Action No. JFM-17-291, ECF 1, p. 3.

         5. Ineffective Assistance of Counsel

         Plaintiff claims that his Sixth Amendment right to counsel was violated when his legal assistance provider failed to file a petition for judicial review of the administrative law judge's approval of a clinical review panel decision. Lanahan v. Taller, et al., Civil Action No. CCB-16-1251, ECF 3, p. 5.

         6. Access to the Courts

         Plaintiff generally claims that he was denied access to the law library, his ability to print unspecified papers was restricted, and he was not provided dictation software to assist him with his legal work. Lanahan v. Governor of ...


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