United States District Court, D. Maryland
TERRY L. S. DORSEY, #193-579, Plaintiff,
MICHAEL STOUFFER, et al., Defendants.
L. Russell, III United States District Judge.
MATTER is before the Court on Defendants Michael Stouffer,
Frank Bishop, Jr., Richard Roderick, and Charlotte Zies's
Motion to Dismiss or, in the Alternative, Motion for Summary
Judgment (ECF No. 14). The Motion is ripe for disposition,
and no hearing is necessary. See Local Rule 105.6.
(D.Md. 2016). For the reasons outlined below, the Court will
grant the Motion.
Terry L. S. Dorsey is currently incarcerated at the North
Branch Correctional Institution (“NBCI”) in
Cumberland, Maryland. (Compl. at 3, ECF No. 1).
March 4, 2014, Gregg Hershberger, the former Secretary of the
Department of Public Safety and Correctional Services
(“DPSCS”), signed NBCI Information Bulletin
(“IB”) #02-14, creating the security designation
of Maximum Level II, effective immediately. (See
Zies Decl. at ¶ 4, ECF No. 14-4; see also NBCI
IB #02-14, ECF No. 14-5). The following criteria determine
Maximum Level II security suitability:
a. Serious assault on staff or inmate within the past five
b. Escape from Secure Confinement housing;
c. Incident resulting in a death of another while
d. Sexual assault on staff or inmate while incarcerated; and
e. Verified behavior detrimental to the operation or security
of a DPSCS facility, to include STG [Security Threat Group]
activity, within the past five years.
(NBCI IB #02-14 at 1).
August 7, 2014, Zies, a Correctional Case Management
Specialist (“CCMS”) at NCBI since 2007, conducted
an annual security review of Dorsey using a Security
Reclassification Instrument (“SRI”).
(See Compl. at 3; Zies Decl. ¶ 5; see
also Aug. 7, 2014 SRI, ECF No. 14-6). Zies recommended
that Dorsey's security level be increased from Maximum I
security to Maximum II. (See Zies Decl. ¶ 6;
see also Aug. 7, 2014 SRI). Zies used a
“Discretionary Override” based on Dorsey's
“extensive history of adjustments and his verified
behavior detrimental to staff/inmates/institution, which
included inciting inmates to attack a female staff member and
his involvement as an accomplice to an inmate assault in a
Medical holding cell in 2014.” (Zies Decl. ¶ 6;
see also Mar. 3, 2014 Notice of Assignment to
Administrative Segregation, ECF No. 14-7).
August 13, 2014, Roderick, Manager of the NBCI Case
Management Unit since 2010, conducted an optional
administrative review of the SRI and concurred with
Zies's recommendation. (See Compl. at 4; Zies
Decl. ¶ 7). On August 19, 2014, Bishop, the Warden of
NBCI, reviewed Dorsey's SRI and approved the decision to
reclassify him to Maximum II. (See Compl. at 4;
Roderick Decl. ¶ 2, ECF No. 14-8). Dorsey was notified
of the decision that same day. (See Compl. at 4).
contacted the case management unit to challenge the decision.
(Id.). On September 16, 2018, Roderick told Dorsey
that “the decision had undergone several levels of
administrative review, would not be changed, and that
[Dorsey's] security level would be reviewed again in
August 2015.” (Id.). Subsequently, Dorsey
submitted a complaint to the Inmate Grievance Office
(“IGO”), IGO No. 20141871. (Roderick Decl. ¶
9). On May 20, 2015, an Administrative Law Judge
(“ALJ”) heard the case. (Id. ¶ 10).
August 4, 2015, CCMS Shawn Gainer completed another SRI of
Dorsey and recommended that Dorsey remain assigned to Maximum
II. (See Zies Decl. ¶ 12; Roderick Decl. ¶
11; Aug. 4, 2015 SRI, ECF No. 14-10). Zies, as the Acting
Case Management Supervisor, and Jeff Nines, Assistant Warden,
reviewed the SRI and both concurred with Gainer's
recommendation. (See Zies Decl. ¶ 12). On
August 13, 2015, Bishop approved the recommendation.
(See Aug. 4, 2015 SRI). On August 12, 2015, Dorsey
filed another complaint with the IGO, IGO No. 20151425,
regarding the August 4, 2015 reclassification. (See
Aug. 4, 2015 Appeal of Administrative Remedy Response, ECF
August 31, 2015, the ALJ rendered her decision regarding
Dorsey's first complaint, IGO Case No. 20141871,
concluding that the grievance was meritorious in part and
proposing that the August 2014 decision to reclassify Dorsey
to Maximum II status be reversed and remanded for a new
reclassification. (See IGO No. 20141871 Record at
23-24, ECF No. 14-9). DPSCS ...