United States District Court, D. Maryland
RICHARD D. BENNETT UNITED STATES DISTRICT JUDGE
is a Motion to Dismiss, or in the alternative, Motion for
Summary Judgment (ECF 13) filed by Defendants former
Assistant Warden Denise Gelsinger and Lieutenant Jeffrey C.
Shimko. Upon review of the papers filed, this
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 JudgmentIS DENIED.
case was instituted upon receipt of a civil rights complaint
filed pursuant to 42 U.S.C. § 1983 by self represented
Plaintiff Robert Jackson, a Maryland state inmate. ECF 1.
Plaintiff alleges that he was erroneously labeled as a member
of a Security Threat Group ("STG") and as a result
has "continuously suffered punishments and
restrictions." ECF 1 at p. 4. Plaintiff also claims
that, "[t]his erroneous information in Plaintiffs prison
record is certainly something that will influence his liberty
interest [in parole] if left uncorrected;' ECF 19 at p.
11. He notes that his first parole hearing is scheduled for
January of 2019. Id.; ECF 19-2 at p. 8.
claims that his right to due process in correcting the error
has been denied. ECF 1 at p. 4. Plaintiff claims that each of
the named defendants was made aware of the erroneous
designation. He specifies that when Lt. Malloy was the
Intelligence Officer at the Western Correctional Institution
("WCI"). he acknowledged that there was a
misperception regarding documents confiscated from Plaintiff
which resulted in the erroneous classification. Id.
at p. 4. Plaintiff alleges that this same information was
kept and made available to Lt. Shimko who is the current
Intelligence Officer at WCI. Id. Plaintiff claims
that Shimko refuses to correct the error and that former
Assistant Warden Denise Gelsinger erroneously advised him
that all Division of Correction policies were followed.
opposition response, Plaintiff reiterates his claims that he
was not properly validated as a member of a STG in accordance
with Division of Correction rules and regulations. ECF 19-1
at pp. 1-2. He has provided a declaration (ECF 19-1) and
materials (ECF 19-2) in support of his claim.
example of the materials confiscated from him and deemed
"gang related." Plaintiff has provided a document
entitled "Maryland Branch NABPP-PC Central Committee
Directive Rules for Engaging a Political Discussion
Circle." ECF 19-2 at p. 3. Plaintiff has also provided
the confiscation form prepared by the confiscating officer
which simply describes the papers as contraband and
"gang related material" without any further
explanation. Id. at p. 4.
18, 2012, plaintiff wrote to Lt. Malloy, inquiring why he was
not placed on a pass list. Plaintiff noted that documents
were confiscated from his cell at the North Branch
Correctional Institution ("NBCF') on January 5,
2012, and labeled "gang related material;' ECF 19-2
at p. 5. He advised Malloy that he challenged that
classification of the materials and was to get a hearing, but
was transferred to WCI before the issue was resolved.
Id. Plaintiff maintained in his letter that the
materials were not gang related and that he wanted to know
how to proceed to challenge his being labeled a STG member.
Id. A handwritten response, apparently written by
Lt. Malloy dated July 2, 2012, stated:
Your assumption as to why you were labeled is correct. After
I reviewed the materials I could see how it is possible for
someone to think it was "gang" related. If you
would like to discuss our procedures, please write me and let
me know. Let me add, this is not a hearing for you to
challenge the claims. It would be the process as to
renounciate [sic] your affiliation. Let me know.
Id. at p. 5.
response to Plaintiffs allegations, Defendants
contend that on January 8, 2012. Plaintiff was
validated, by his own admission, as a member of the STG named
the "Black Gorilla Family (BGF)" after having been
found in possession of gang related materials. ECF 13-2,
¶ 3 (Shimko Deck) On January 8, 2013, alleged members of the
BGF assaulted Plaintiff. Id. The matter was
investigated and it was determined that the "assault was
possibly a form of sanction or discipline within the
avers that Plaintiff has been advised of the procedure for
renouncing his STG membership. Id. Shimko spoke with
Plaintiff several times regarding his STG validation and the
January 8, 2013 assault. Id. at ¶ 4. Plaintiff
was advised that if he cooperated with the investigation
regarding the January 8, 2013 assault he could continue with
the renunciation process, however. Plaintiff refused.
January of 2014, Shimko changed Plaintiffs status in the
Automated Gang Intelligence (AGI) database to
-inactive." Id. at ¶ 4. Shimko avers that
Plaintiffs status will continue to be monitored for a
probationary period of 12 months. Id. at ¶ 5.
'if no STG activity or any other gang affiliated behavior
used in the validation process is ...