United States District Court, D. Maryland
RICHARD D. BENNETT UNITED STATES DISTRICT JUDGE.
1, 2017, Plaintiff Edward Jarell Conaway filed this action,
Conaway v. Warden, et al., ("Conaway I"),
alleging that correctional and medical personnel at the
Maryland Reception Diagnostic Classification Center
("MRDCC") in Baltimore, Maryland ignored his
medical problems with an infected Foley catheter and his need
for medical housing, and requesting unspecified
damages. Following supplementation (ECF No. 3), the
case proceeded to service of process on the Warden and the
Medical Defendants. Dispositive motions were filed and were
pending when Conaway was transferred from MRDCC on June 9,
2017. ECF Nos. 15, 18 and 21. Because he failed to provide a
new address, the case was dismissed without prejudice on
October 11, 2017. Id., ECF No. 21.
November 27, 2017, Conaway, who had been transferred to the
Western Correctional Institution in Cumberland, Maryland,
initiated the same action against the Warden of MRDCC and Dr.
Dolph Druckman. See Conaway v. Warden of MRDCC, et
ah, Civil Action No. RDB-17-3535 (D. Md.) ("Conaway
II"). Conaway sought money damages and alleged that
medical personnel failed to properly change his Foley
catheter, causing a urinary tract infection that went
undiagnosed and untreated during the four months Conaway was
housed at MRDCC. Taking into consideration that the
Correctional and Medical Defendants had incurred the cost of
litigation in preparing and filing dispositive motions in
"Conaway I, " the second action, "Conaway II,
" Civil Action No. RDB-17-3535, was dismissed, and
Defendants in "Conaway I" were granted time to move
for reactivation of their previously-filed dispositive
Motions. ECF No. 23.
now move for reactivation of their Motions, which are
construed as Motions for Summary Judgment. ECF Nos. 24 and
25. Conaway filed an opposition Response, as supplemented, to
Defendant Druckman's dispositive motion (ECF Nos. 29 and
30), to which Druckman has filed an opposition Reply. ECF No.
31. The case is ripe for disposition. After considering the
pleadings, exhibits, and applicable law, the Court now rules
pursuant to Local Rule 105.6 (D. Md. 2016), as a hearing on
the Motions is deemed unnecessary. For reasons to follow,
Defendants' dispositive Motions, construed as Motions for
Summary Judgment, are granted.
unverified May 1, 2017 Complaint, Conaway asserts that he was
denied medical housing and medical care. ECF No. 1. He
elaborates on these assertions in Supplemental Complaints,
stating that he was denied a change of his Foley catheter and
pain medication, that the medical department disclosed
information about his condition to another prisoners, and
that he was denied medical housing at the Maryland Transition
Center ("MTC") hospital while housed nearby at
MRDCC. ECF No. 3, p. 3; ECF No. 3-1, p. 1; and ECF No.
He states that his request to see Warden Stump was ignored,
and that unnamed corrections staff never "answered my
remedy request slips." ECF No. 1.
Defendant Stump's Response
Stump submits medical records and Declarations in support of
her Motion for Summary Judgment. In her Declaration, Stump
avers that medical care for MRDCC prisoners is provided by a
third-party contractor, not Division of Correction personnel.
ECF No. 19-2, Stump Decl., ¶ 2.
Conaway's allegation to the contrary, Stump's
submissions demonstrate that Conaway's Administrative
Remedy Procedure grievances ("ARPs") were addressed
by corrections personnel. The first ARP, MRDCC-0148-17, filed
on March 17, 2017, alleged a denial of medical care and
medical housing, as well as the alleged disclosure by medical
staff of his health condition. ECF No. 19-4, Moore Decl., pp.
3-4. The ARP was administratively dismissed and Conaway was
asked to provide additional information. Id., p. 3.
On April 1, 2017, Conaway submitted ARP MRDCC-0191-17
concerning his Foley catheter. Id., p. 5. The ARP
was administratively dismissed and Conaway again was asked to
provide additional information. Id. On April 4,
2017, Conaway submitted ARP MRDCC-0192-17, which Stump
dismissed on the merits based on the reports, assessments,
and judgment of the medical contractor's staff.
Id., pp. 6-8; ECF No. 19-2, Stump Deck, ¶ 4.
Conaway did not appeal these ARP decisions to the Inmate
Grievance Office ("IGO"). ECF No. 19-5, Neverdon
Defendant Druckman's Response
to Conaway's allegations, the Medical Defendant, Dr.
Druckman, has addressed claims that medical personnel failed
to house Conaway in a medical unit or prison hospital (ECF
No. 1), prescribe Tylenol #3 for pain (ECF Nos. 3 and 5),
permit Conaway the option of performing catheter changes on
his own (ECF No. 3), and keep Conaway's medical
information confidential. (ECF No. 5).
describes Conaway, who is in bis early 30s, as an individual
with mental health issues who since 2005 has suffered from a
neurogenic bladder due to a motor vehicle accident that
required penile amputation. ECF No. 15-5, Druckman Aff,
¶ 4; DEC No. 15-4, Initial Intake Physical Exam, p. 1.
When he arrived at MRDCC on February 23, 2017, Conaway
received an admission health assessment from Nurse
Practitioner Roslyn Deshields. ECF No. 15-4, p. 1. At that
time, he had a suprapubic catheter in place draining clear
yellow urine. Id. Conaway reported chronic pelvic
pain for which he took oxycodone as needed, and demanded to
see a physician for a prescription. Id. He was given
a single dose (two tablets) of Tylenol #3, and was referred
to a provider for follow up. Id., pp. 1,
following day, on February 24, 2017, Conaway was seen by Dr.
Sonja Wilson at a chronic care clinic. ECF No. 15-4, pp. 5-9.
His suprapubic catheter had been in place since his accident
more than a decade earlier. Conaway stated the catheter
usually was changed once a month, and that he currently was
taking nitrofurantoin for a urinary tract infection.
Id., p. 5. Conaway stated he had received care at
University of Maryland Medical System (UMMS) and was treated
by Dr. Scipio at Bon Secours Hospital for his condition, and
took Tylenol #3 for pain. Id. Examination revealed a
suprapubic opening with a catheter present but was otherwise
unremarkable. Id. Labs were ordered, nitrofurantoin
was continued, nursing daily dressings to the suprapubic
catheter opening were ordered, and catheter bags were to be
provided as needed. Id., p. 7. The provider called
Dr. Scipio to discuss Conaway's case, and was advised
that the catheter should be changed every 4-6 weeks, and
nitrofurantoin or Bactrim should be prescribed to decrease
the chance of a urinary tract infection. Id. A
urology consult, to include replacement of the current
catheter, was ordered. Id., p. 9.
March 6, 2017, Dr. Wilson noted that Conaway's urine
culture showed the presence of E. coli bacteria.
Id., p. 10. Ciprofloxacin, an antibiotic, was
prescribed. Id. Dr. Wilson noted that the Regional
Medical Director ("RMD") advised that the
utilization management team did not approve an off-site
urology visit for changing Conaway's chronic suprapubic
indwelling catheter. Id.
March 16, 2017, Dr. Druckman examined Conaway during a
chronic care clinic for follow-up of the urinary tract
infection and replacement of the indwelling catheter.
Id., p. 11. Conaway's request for opioids for
chronic hip and back pain was denied because he did not
require assistance with activities of daily living
("ADL"). Conaway declined the offered NSAIDs and
amitriptyline, an anti-depressant used to treat pain.
March 17, 2017, Conaway was seen by Annette Belin, R.N., at
sick call, where he requested Tylenol #3. Id., p.
12. The note reflects that he saw a physician the previous
day for pain management and was in no acute distress.
did not appear for his March 28, 2017 chronic care follow up.
Id., p. 13. He was seen by Registered Nurse Harlan
Woodward on March 28, 2017 at sick call. Id., pp.
14-15. Conaway stated his catheter had been in place for
three months and needed to be replaced. After consultation
with a physician, Woodward provided a temporary catheter and
scheduled Conaway to visit a provider the next day to follow
April 11, 2017, Conaway was seen by Dr. Druckman.
Id., p. 16. Conaway refused assistance in replacing
his catheter and insisted on self-catheterizing. He refused
to sign a release of responsibility form and refused further
contact with Druckman. Id. Plaintiff also insisted a
size 8 catheter be used. Id. It was noted that
rapport needed to be established regarding catheter
replacement, and that if Conaway continued to refuse medical