United States District Court, D. Maryland
L. HOLLANDER UNITED STATES DISTRICT JUDGE.
Timothy Brice, who is self-represented, filed this civil
rights action against defendant Adeotun Dosumu,
correctional officer at Jessup Correctional Institution
(“JCI”). ECF 1. Plaintiff alleges that Dosumu
slapped his face in a deliberate attempt to maliciously cause
him harm. Id. In response, defendant filed a motion
to dismiss or for summary judgment (ECF 14), supported by a
memorandum (ECF 14-1) (collectively, the
“Motion”) and exhibits. He denies that he ever
intentionally touched plaintiff on the date in question and
has provided medical records to establish that
plaintiff's alleged injury was due to a tooth that needed
to be extracted.
opposes the motion. ECF 16. But, he does not provide an
affidavit in support of his opposition. Rather, plaintiff
states that there is video surveillance footage that proves
his claim is valid. Id. Additionally, plaintiff
moves for appointment of counsel. ECF 13.
hearing is necessary to resolve the Motion. See
Local Rule 105.6 (D. Md. 2016). For the reasons that follow,
defendant's Motion, construed as one for summary
judgment, shall be granted and plaintiff's motion for
appointment of counsel shall be denied.
is an inmate confined at JCI. At all times relevant to the
Complaint, he was assigned to “solitary.” ECF 1
at 2. Brice claims that on November 1, 2017, at approximately
4:30 p.m., he called defendant over to his cell door so that
he could hand defendant a sick call slip. After giving
defendant the sick call slip, plaintiff claims defendant told
him “next time hurry up, ” and then defendant
reached through the “feed up slot” in
plaintiff's cell door and slapped him across the face.
Id. at 3; see ECF 14-2 at 2, 5.
asked defendant why he slapped him, and he claims that
defendant simply smiled and said that plaintiff should
“do something about [it].” Id. Plaintiff
then asked to be taken to the medical unit to receive medical
attention for his face, but defendant did not escort him
there. Id. Rather, plaintiff claims that defendant
walked back and forth in front of his cell and again reached
through the slot in the cell door to slap plaintiff.
alleges that his Eighth Amendment right to be free from cruel
and unusual punishment was violated when defendant inflicted
injuries to his face and denied him medical care for the
injury. He states that his “cell buddy” witnessed
the incident, that the video surveillance recording from the
tier will verify his claims, and he seeks monetary damages as
has submitted verified business records and a Declaration
under oath in support of the following facts. See
ECF 14-2; ECF 14-3; ECF 14-4.
October 23, 2017, plaintiff received a Notice of Inmate Rule
Violation charging him with violation of rules 101 (assault
or battery on staff); 104 (use of intimidating, coercive, or
threatening language); 312 (interference with the performance
of staff duties); 400 (disobeying an order); and 405
(demonstration of disrespect or use of vulgar language). ECF
14-2 at 9. Officer Latasha Barrett is the officer who charged
plaintiff with violating those rules. Id. Following
a disciplinary adjustment hearing, plaintiff was found guilty
of violating rules 100, 400, and 405, and was sentenced to 90
days of segregation. Id. at 11. Thus, at the time of
the incident involving defendant (November 1, 2017),
plaintiff was confined to disciplinary segregation.
November 1, 2017, defendant was assigned to the D-Building, C
Tier at JCI. ECF 14-3 at 1. At approximately 4:30 p.m.,
defendant was escorting the nurse, who was on the tier to
distribute medication. Id. During the escort,
plaintiff called defendant to his cell (number 323) and
defendant told him to wait while he escorted the nurse.
Id. at 2. When defendant arrived at plaintiff's
cell, he observed plaintiff with a cup of “unknown
liquid” in his hand and surmised that plaintiff
intended to assault him. Id. In order to thwart that
attempt, defendant put his hand through the feed slot on the
cell door to block plaintiff from throwing the liquid.
Id. He denies that he intentionally slapped
plaintiff when doing so. Id.
states he continued to escort the nurse through the rest of
the tier, believing the incident did not result in any
injury, either to himself or to plaintiff. Id. Five
days later, defendant was made aware that plaintiff was
claiming in an administrative remedy procedure complaint
(“ARP”) that he had been injured during the
incident of November 1, 2017. Id.
November 6, 2017, when plaintiff reported that he had been
injured by defendant, a Serious Incident Report was generated
and he was seen by Carlin Lebreton, RN, for evaluation of his
claimed injury. ECF 14-2 at 2; 14-3 at 2. Plaintiff was
interviewed by Lt. Samson Balogun and escorted to the medical
unit following the interview. ECF 14-2 at 2. Plaintiff
reported to Lebreton that defendant had slapped the left side
of his face twice, causing a sharp pain in his left jaw. ECF
14-3 at 2. Upon examination, Lebreton found no sign of injury
inside or outside of plaintiff's jaw. Id.
Specifically, Lebreton found no swelling, no discoloration of
skin, and no ...