United States District Court, D. Maryland
L. Hollander, United States District Judge
Massey, who is self-represented, is a patient at Springfield
Hospital Center (“Springfield”) in Sykesville,
Maryland. He has filed a petition for release, titled
“Motion Request To [sic] Withdrawal of NCR Plea Bargain
After Debt To Society Paid, And Petitioner Did Not Get What
He Bargained For.” ECF 1. This court ordered Massey to
clarify his claims. ECF 3.
Massey filed a supplement. ECF 4 (collectively, the
“Petition”). He claims that he is confined
“over and over for [a] 2002 crime, ” id.
at 5, and indicates that he is challenging the decision of
December 10, 2002, issued by a court in Prince George's
County, Maryland. Id. at 1. Massey seems to allege that
he is confined beyond the term of his sentence for a
misdemeanor. Id. at 5.
Langmead, the Chief Executive Officer at Springfield, has
filed a Response, along with numerous exhibits, seeking
dismissal of the Petition for lack of exhaustion and because
the claims have no merit. ECF 8. Massey did not file a Reply,
although he was provided notice of the opportunity to do so.
ECF 9. Because Massey's financial affidavits indicate he
is indigent, the Court will grant his requests for leave to
proceed in forma pauperis. See ECF 2; ECF 5.
review of the filings, I am satisfied that no hearing is
necessary to resolve the dispute. See Local Rule
105.6 (D. Md. 2016). For the reasons that follow, I will deny
is diagnosed with schizoaffective disorder and polysubstance
abuse. ECF 8-5 at 6; ECF 8-8 at 4, ¶7; ECF 8-11 at 3. He
has a history of involuntary hospitalizations at Springfield,
beginning in 2008. In that year, the District Court for
Prince George's County found him Not Criminally
Responsible (“NCR”). Although Massey premises his
petition for habeas relief on a 2002 conviction, and he was
charged in other criminal cases in 2000- 2002,  the only NCR
verdict in his record occurred in 2008, in connection with a
charge of second degree assault. ECF 8 at 1-2, ¶¶
District Court for Prince George's County found Massey
NCR on April 10, 2008, and ordered him committed to the
Department of Health (“the
Department”) in State v. Massey, No.
001E00309653. In that case, Massey was charged with second
degree assault for attacking his roommate in a group home.
ECF 8-1; ECF 8-2.
March 24, 2009, the District Court for Prince George's
County Maryland ordered Massey conditionally released, to
reside in the Assisted Living Program on the grounds at
Springfield and to continue his treatment and his prescribed
medication. ECF 8-3. The Assisted Living Program is a
residential facility with limited supervision and direction.
It was designed to address the needs of patients with
moderate mental illness and substance abuse conditions. ECF
8-5 at 6, ¶10.
21, 2010, the District Court for Prince George's County
found Massey in violation of the terms of his conditional
release. However, it was satisfied that Massey had
demonstrated that he was eligible to continue his conditional
release with additional conditions. ECF 8-4. On December 7,
2010, a petition for a hospital warrant was made. ECF 8-5 at
administrative law judge (“ALJ”) conducted a
hearing on December 16, 2010, to determine whether Massey had
violated the terms of his conditional release and, if so,
whether he was eligible for conditional release or discharge.
Massey and his attorney from the Office of the Public
Defender were present, as was the licensed clinical social
worker who represented the Department. ECF 8-5 at 2-3. The
exhibits the ALJ admitted into evidence included Massey's
psychiatric report, dated December 13, 2010. ECF 8-5 at 3.
January 4, 2011 the ALJ found that Massey had “engaged
in altercations with other patients and staff, and
destroy[ed] the personal property of others, including the
destruction of a car windshield, ” bullied other
patients, did not regularly attend or participate in therapy
sessions, refused his mental health provider's
recommendation that he voluntarily admit himself for mental
health treatment and evaluation, and showed poor insight and
judgment in a conditional release environment, and
recommended revocation of conditional release. ECF 8-5 at
4-7. On the same day, the District Court for Prince
George's County revoked Massey's conditional release
and committed him to the Department of Health for inpatient
care and treatment. ECF 8-6.
August 12, 2011, the District Court for Prince George's
County granted Massey conditional release from
Springfield's inpatient care. ECF 8-7. But, on December
13, 2011, a hospital warrant was issued for Massey. ECF 8-8
held a hearing on March 22, 2012, to consider whether Massey
violated the terms of his conditional release and his
eligibility for conditional release or discharge.
Massey's social worker filed an emergency petition on
December 23, 2011, advising that Massey had become
“threatening and aggressive both verbally and
physically toward his roommate as well as staff members at
his residential placement….” ECF 8-8 at 4,
¶3. Massey, his attorney from the Public Defender's
Office, and a Department representative were present at the
hearing. ECF 8-8 at 2. Massey and his treating psychiatrist,
Sandra Johnson, M.D., ...