United States District Court, D. Maryland
DUSTIN W. PERRY, Plaintiff,
WEXFORD HEALTH SOURCES, INC., ELAINE COTTON, Nurse, and DR. MOHAMMAD SALEEM, M.D.,  Defendants.
Paula Xinis, United States District Judge
Plaintiff Dustin W. Perry, an inmate incarcerated at the
Calvert County Detention Center in Barstow, Maryland, brings
this civil action pursuant to 42 U.S.C. § 1983 against
Defendants Wexford Health Sources, Inc.
(“Wexford”), Nurse Elaine Cotton, and Mohammad
Saleem, M.D. ECF No. 1. Perry avers that while he was housed
at the Patuxent Institution (“Patuxent”),
Defendants denied him medical care and failed to provide
timely treatment for his toe. ECF Nos. 1, 3. He seeks $150,
000 in damages. ECF No. 17.
March 30, 2018, Wexford moved to dismiss the Complaint or
alternatively for summary judgment (ECF No. 21), to which
Perry responded. ECF No. 25. On August 6, 2018, Dr. Saleem
moved for summary judgment (ECF No. 35), also to which Perry
responded. ECF No. 37. After review of the record, exhibits,
and applicable law, the Court deems a hearing unnecessary.
See Local Rule 105.6 (D. Md. 2018). Defendants'
motions shall be granted.
alleges in his Complaint that nurse Cotton denied him
medical care “from the end of Sept. 2016 to the second
week of Nov. 2016.” ECF No. 1 at 2; ECF No. 3-2 at
2-3.According to Perry, his left toe “was
an open wound, constantly bleeding” and swollen.
Id. He further states that Dr. Saleem, a surgeon,
treated the “Double Ingrown Nail” on his toe in
January 2017. Id.; ECF No. 16.
April 6, 2018, Perry amended his Complaint to state, as best
as can be ascertained, that surgery on his toe was originally
scheduled for June 29, 2016 and July 11, 2016, but did not
take place until five months later, on November 29, 2016. ECF
No. 24 at 2. Perry asserts that his untreated toe wound
caused “everlasting effect” and damage to his
balance, nerves, and the appearance of his left toe.
to Perry's medical records, on March 18, 2016, Perry saw
medical staff regarding his toe. ECF No. 35-3 at 2. At that
time, Perry requested a nail clipper from Priscilla Momoh,
PA-C, to clip his ingrown left toenail; however, the nail
clipper was not available, and Perry was rescheduled to
return. Id. On March 31, 2016, Perry requested pain
medication, stating that he re-injured his left toe after his
cellmate accidentally stepped on it. Id. at 4. Ayo
Jimoh, a registered nurse, assessed the toe and noted that it
was bleeding profusely with a deep cut. Id. Jimoh
cleaned and treated the area, and instructed Perry to have
the ingrown toenail cut. Id.
April 4, 2016, Perry saw Emmanuel Esianor, a physician's
assistant, during a sick call visit. Id. at 5. Perry
complained to Esianor that his left toe, which he described
as “open and painful, ” had been infected for
four months. Id. Esianor ordered topical wound care
twice a week for one month. Id. at 6.
22, 2016, Perry saw Jimoh, at which time Perry requested
removal of his ingrown toenail. Id. at 8. Jimoh did
not note of Perry any apparent acute discomfort. Id.
On June 28, 2016, Perry returned for a sick call visit with
Oladipo Olaleye, a nurse practitioner, complaining of the
left ingrown toenail. Id. at 9. Olaleye noted that
Perry's toenail was tender and “clear drains at
times.” Id. Olaleye referred Perry for
consultation with a surgeon regarding ingrown toenail
removal. Id. at 10.
29, 2016, Perry saw Dr. Saleem for evaluation. Id.
at 12. Dr. Saleem noted that Perry had “tender skin on
left big toe and has ingrowing toe nail[, ] no pus or
exudate.” Id. Dr. Saleem recommended surgery
to treat the toe, and Perry was scheduled for surgery shortly
August 30, 2016, Perry saw Olaleye during a sick call visit.
Id. at 13. Noting that surgery had previously been
scheduled by Dr. Saleem, Olaleye sent an email to remind the
scheduler to set up the appointment for toenail removal.
October 11, 2016, Perry was transferred from Patuxent to
Maryland Correctional Institution-Hagerstown
(“MCI-H”), where he continued to be seen by
medical staff for his left toe. See ECF 21-4 at
4-17. On October 20, 2016, a consultation for surgical
removal of Perry's left ingrown toenail was submitted.
Id. at 10.
November 29, 2016, Perry was seen at the MCI-H surgical
clinic by Dr. Saleem, at which time his left ingrown toenail
was successfully removed. Id. at 18. Perry was
prescribed pain medication and antibiotics and was directed
to return for a follow-up in one month. Id.
returned to the clinic for wound care on December 6, 2016 and
December 9, 2016. Id. at 21-25. On December 13,
2016, Perry indicated during a scheduled provider visit that
he no longer wanted to have wound checks on his toe, stating
that “it's fine.” Id. at 26. On
December 18, 2016, nurse Christina Bird updated Perry's
medical chart to indicate that the toe wound had healed and
Perry has “no exudate present, no pain, and no signs or
symptoms of infection.” Id. at 28. As a
result, Bird noted that “[n]o further treatment is