United States District Court, D. Maryland
CHARLES O. CLINTON, Plaintiff
DAVID R. BLOOMBURG and JASPER CLAY, Defendants
W. GRIMM, UNITED STATES DISTRICT JUDGE
Charles O. Clinton filed this civil rights action against
Defendants David Blumberg and Jasper Clay, Commissioners of
the Maryland Parole Commission, alleging various claims
concerning Clinton's 2015 supervised release revocation
proceedings. ECF No. 1. Specifically, he claims that the
recordings of his hearing were destroyed; Clay violated his
rights by ordering a continuance and mini-trial, which
delayed the hearing; Blumberg failed to intervene following
Clinton's letters and emails complaining about Clay; and
he was not provided with a new mandatory release date.
Id. Defendants have filed a Motion to Dismiss or, in
the Alternative, Motion for Summary Judgment. ECF No. 13. The
parties fully briefed the motion. ECF Nos. 13-1, 16, 17. A
hearing is not necessary. See Loc. R. 105.6 (D. Md.
2016). Because Clinton fails to state a claim against
Defendants with regard to the destruction of the recordings
of his hearing and the undisputed evidence shows that statute
of limitations has run on his other claims, Defendants'
dispositive Motion, construed as a Motion for Summary
Judgment, is GRANTED.
2004, Clinton was sentenced in Maryland state court to a term
of 20 years' imprisonment, with 8 years suspended. ECF
No. 13-34. Clinton's maximum expiration date, or the date
his term of imprisonment was due to expire, was December 31,
2015. ECF No. 13-4. However, after applying his 1, 297
diminution credits, Clinton was released on mandatory
supervision on June 12, 2012. Id; see Md. Code Ann.,
Corr. Servs. § 7-501(a).
August 23, 2012, Clinton was arrested in Montgomery County,
Maryland and charged with theft and attempted theft. ECF No.
13-5. On August 31, 2012, Clinton was arrested in Prince
George's County, Maryland and charged with indecent
exposure and possession of marijuana. Compl. 3; Request for
Warrant, ECF No. 13-7. On September 5, 2012, the Maryland
Parole Commission issued a retake warrant for Clinton based
on these charges. ECF No. 13-8 (charging that Clinton
violated his conditions of supervision by failing to obey all
laws and by possessing a controlled dangerous substance).
October 26, 2012, Clinton appeared in the Circuit Court for
Prince George's County, where he entered a plea of nolo
contendere to the marijuana possession charge and was
sentenced to one day of imprisonment. Ruling, ECF No. 13-10;
see also Compl. 3. The indecent exposure charge was
merged with the marijuana charge. Ruling. Clinton's theft
charges were nolle prossed in Montgomery County on March 4,
2013. See Supp. Rept. 1, ECF No. 13-13; see
also Compl. 3.
March 5, 2013, Clinton was taken back into the custody of the
Department of Corrections (DOC). Inmate Traffic History 2,
ECF No. 13-36; Sentence Calculation Worksheet, ECF No. 13-38.
On March 18, Clinton admitted that he had violated the terms
of his supervised release as charged in the retake warrant,
waived a preliminary hearing on the charges, waived his right
to counsel, and indicated that he wished "to be heard
with respect to [his] case." Waiver, ECF No. 13-11;
Notification of Right to Counsel, ECF No. 13-12. The form on
which Clinton admitted to the violations informed him that:
If the commissioner decides to revoke your release, the
commissioner will decide how much, if any, credit to award
you for the time between release and revocation. If you were
released on mandatory supervision the commissioner may revoke
any, all, or none of the diminution credits that contributed
to your release on mandatory supervision.
March 28, 2013, the Parole Commission issued a supplemental
report to its original retake warrant, summarizing the
outcomes of Clinton's criminal proceedings in Prince
George's and Montgomery Counties (including the nolle
pross disposition on the theft charges) and striking the
Montgomery County theft charges from the statement of charges
underlying the violation report. Supp. Rept. 1, 3. The
supplemental report reiterated the charge that Clinton had
violated his mandatory release conditions by failing to obey
all laws and by possessing marijuana, but also added that
Clinton had violated the condition that a supervised releasee
"shall so conduct yourself as not to present a danger to
yourself or others." Id. at 3. The basis for
all three of these charges was the August 31, 2012 arrest for
indecent exposure and marijuana possession, and the
subsequent criminal proceedings. Id.
March 29, 2013, Clinton appeared before Parole Commissioner
Clay for his violation hearing. Continuance Order, ECF No.
13-14. Clay postponed the hearing, indicating that he wanted
to subpoena the arresting officer in order to conduct a
mini-trial. Id.; Compl. 3. Later the same day,
Clinton wrote a letter to Parole Commissioner Chairman
Blumberg complaining about Clay's desire to conduct a
mini-trial. Ltr., ECF No. 13-15. In the letter,
Clinton stated "I will postpone it [presumably referring
to his violation hearing] again if I have to go in front of
Clay." Id. at 2.
violation hearing was rescheduled for May 31, 2013. Pl's
Opp'n 3. Clinton's public defender reportedly told
him that this hearing would be conducted by someone other
than Clay; however, this was incorrect, and Clinton
apparently was dismayed at the fact that Clay was presiding
over the hearing. Id. at 4; Compl. 3. Clinton
requested that the hearing be rescheduled again so that he
could retain a private attorney, and the request was granted.
Inmate Postponement Request Record, ECF No. 13-18; Pl's
violation hearing ultimately was held on August 19, 2013 by
Commissioner Sullivan. Decision, ECF No. 13-37; see
also Compl. 3. Sullivan concluded that Clinton violated
the terms of his supervised release by using, possessing, or
selling a controlled dangerous substance and by constituting
a threat to himself. Decision. Sullivan did not make a
finding as to the violation charge that Clinton committed new
criminal conduct. Id. Sullivan revoked Clinton's
supervised release and rescinded all of his diminution
credits. Id. Sullivan allowed Clinton to retain his
"street credit," or credit for the time between
Clinton's June 12, 2012 release and his August 31, 2012
arrest in Prince George's County, Maryland. Id.
Sullivan also noted that Clinton was entitled to credit for
his detention in a non-DOC facility between August 30, 2012 and
March 5, 2013, the date he was taken into the DOC's
custody. Id. Thus, with all of his diminution
credits revoked but receiving credit against his original
sentence for the full time period between his release from
and return to DOC custody, December 31, 2015 served as both
the mandatory release date and the maximum expiration date
for Clinton's sentence.
September 2014, Clinton filed a federal habeas corpus
petition with this Court, raising various challenges to his
revocation hearing. Pet., ECF No. 1 in Clinton v.
Blumberg, PWG-14- 3033. In the Response filed in that
case, Blumberg noted that, because no transcript of the
August 19, 2013 hearing had been requested within 60 days
(under Maryland regulations) or 1 year (under informal Parole
Commission policy) of the hearing, the tapes of the hearing
had been destroyed. Resp. 7, ECF No. 6 in Clinton,
PWG-14-3033; see also COMAR 12.08.01.22.F.6(b)
("If a request for a transcript has not been received
within 60 days of the hearing, the Commission may destroy the
the habeas corpus petition was pending, Clinton also pursued
state avenues challenging the revocation hearing, which
apparently required transcripts of the revocation hearing.
See ECF Nos. 13-4, 13-5 in Clinton,
PWG-14-3033. It appears that the Parole Commission was given
notice on March 25, 2015 that Clinton had filed a Petition
for Judicial Review. ECF No. 16-4. ...