United States District Court, D. Maryland
Xinis United States District Judge
Stanley Short, incarcerated at Eastern Correctional
Institution in Westover, Maryland, filed suit pursuant to 42
U.S.C. § 1983 for violations of Short's right to be
free from cruel and unusual punishment under the Eighth
Amendment of the United States Constitution. Short alleges
that while housed at Jessup Correctional Institution,
Correctional Officers Babatunde Abidogun and Ernest Rose
assaulted him without provocation, twisting his arm and
hitting him in the head with a walkie-talkie. ECF No. 1 at
As relief, Short seeks money damages and the prosecution of
Abidogun and Rose. Id. at 4.
is Defendants' Motion to Dismiss or, in the Alternative,
Motion for Summary Judgment. ECF No. 16. On January 29, 2019,
in conformity with Roseboro v. Garrison, 528 F.2d
309, 310 (4th Cir. 1975), the Clerk of the Court informed
Short that the Defendants had filed a dispositive motion, and
that Short must file any written response within seventeen
days or risk that the motion would be considered without
further notice. ECF No. 17. Short did not respond. For the
following reasons, Defendants' motion, construed as one
for summary judgment, is granted.
record evidence, construed most favorably to Short,
chronicles the following events.
22, 2018, Abidogun saw Mr. Short, who was assigned to
F-Building, Cell #A-121, walking from the kitchen towards
A-Building's side of the compound. Short was carrying a
dietary bag in his right hand. ECF No. 16-4 at ¶ 3,
Abidogun Decl. Abidogun ordered Short to report to the
“Compound Guard Shack” to be strip-searched, with
Officers Ernest Rose, Obinna Ohanyere, and Desmond Ross
assisting. Id. Short complied. During the search,
Short grew angry and non-compliant; he threw his clothes onto
the floor rather than handing them to the officers as
instructed. Id. at ¶ 4. Short then clenched his
left hand into a fist and stated, “If ya'll want to
do this, let's do it!” Id. at ¶5.
Abidogun ordered Short to unclench his left hand. Short
refused, at which point he was taken to the floor by the
retrieved a paper packet from Short's left hand that
appeared to contain a controlled dangerous substance.
Id. at ¶ 6. Rose handcuffed Short and escorted
him to medical department for assessment and evaluation.
Id. Abidogun informed Short that he would receive a
Notice of Infraction. Short was thereafter placed in the
segregation housing unit pending an adjustment hearing.
Id. at ¶ 7.
prepared the Notice of Infraction, charging Short with
engaging in a disruptive act; use of threatening language
disruptive act; interfering with or resisting the duties of
staff, or refusing to permit a search of person, property,
location, or assigned area; disobeying a direct lawful order;
exhibition, demonstration, or conveyance of insolence,
disrespect, or vulgar language; and possession, passing, or
receiving contraband. Abidogun attests that he and other
officers used force necessary to gain control and restrain
Mr. Short. Abidogun also attests that he did not witness Rose
strike Short in the head with his walkie talkie. Id.
Rose corroborates Abidogun's recitation of events and
contends that the did not hit Short in the head with his
walkie talkie. ECF No. 16-5 at ¶ 5.
internal investigation concluded that the officers used only
such force necessary to maintain safety and in accordance
with established directives and policies regarding response
to a disruptive inmate. ECF No. 16-6, JCI Serious Incident
Report (SIR) #18-096/JCI Use of Force (UOF) Report #18-029.
Similarly, medical records reflect that immediately after the
incident, Short was alert and oriented with no signs of
confusion or dizziness. ECF No. 16-7 at 39. Short had a minor
cut and two bumps to the left and right of his forehead.
Id. Short reported that his neck and ear hurt, but
denied any dizziness, weakness, back or chest pain, and he
was able to move his limbs. Id. Short requested to
be discharged to his housing unit, and he was cleared to
return to his cell. Id.
23, 2018, Officer Tahir Bashir tested the substance that
Short had been holding and confirmed the presence of
Buprenorphine. Short was thereafter charged with
violation of inmate rule possession or use of a controlled
dangerous substance. ECF No. 16-6. Mr. Short filed a Request
for Administrative Remedy, alleging that prison staff
assaulted him during the strip-search on May 22, 2018. An
investigation was opened under IID No. 18-35-00989.
29, 2018 Short received an adjustment hearing. Short reached
an agreed-upon resolution to the infractions, and he received
as a sanction, 90 days of disciplinary segregation, a loss of
75 days of good conduct credits and an indefinite loss of
visits. ECF No. 16-8 at 10.
Standard of Review
to Rule 56(a) of the Federal Rules of Civil Procedure,
summary judgment shall be granted if the movant demonstrates
that no genuine issue of disputed material fact exists,
rendering the movant entitled to judgment as a matter of law.
See Fed. R. Civ. P. 56(d). “By its very terms,
this standard provides that the mere existence of some
alleged factual dispute between the parties will not defeat
an otherwise properly supported motion for summary judgment;
the requirement is that there be no genuine issue of material
fact.” Anderson v. Liberty Lobby, Inc., 477
U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)
(emphasis in original). “The party opposing a properly
supported motion for summary judgment may not rest upon the
mere allegations or denials of [his] pleadings, but rather
must set forth specific facts showing that there is a genuine
issue for trial.” See Bouchat v. Baltimore Ravens
Football Club, Inc.,346 F.3d 514, 525 (4th Cir. 2003)
(alteration in original) (quoting Fed.R.Civ.P. 56(e)). The
Court must view the evidence in the light most favorable to