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Thompson v. Warden

United States District Court, D. Maryland

May 29, 2019

TERRY THOMPSON, Plaintiff
v.
WARDEN, Defendant

          MEMORANDUM

          ELLEN L. HOLLANDER, UNITED STATES DISTRICT JUDGE

         On November 28, 2018, plaintiff Travis Terry, a self-represented Maryland prisoner, filed a Motion for Temporary Restraining Order and/or Preliminary Injunction, which was opened as a civil rights complaint. ECF 1. He alleged that his prescriptions for Baclofen and unspecified asthma medications were discontinued. Id. Given the serious matters raised in plaintiff's Complaint, I directed counsel for the Maryland Department of Public Safety and Correctional Services (“DPSCS”) to show cause why relief should not be granted. ECF 2.

         In response to this Court's Order to Show Cause, counsel for the DPSCS filed a response, supported by verified medical records. DPSCS contends that Thompson is not entitled to a preliminary injunction. ECF 6. Plaintiff filed an opposition (ECF 7), along with an exhibit.

         The matter is now ripe for review. The Court finds a hearing unnecessary. See Local Rule 105.6 (D. Md. 2018). For the reasons that follow, plaintiff's request for preliminary injunctive relief shall be denied. Because that is the sole basis for his suit, the Complaint shall be dismissed, without prejudice.

         I. BACKGROUND

         A. Plaintiff's Allegations

         Plaintiff was detained in the Maryland Correctional Institution-Hagerstown from August, 2016 to October 6, 2017. During that time he was prescribed Baclofen, a muscle relaxer, twice daily. He also received Naproxen/Naprosyn. He states that he received the medication due to an injury he sustained when he was incarcerated at the Upper Marlboro Detention Center. ECF 1 at 1.

         On October 6, 2017, plaintiff was transferred to the Maryland Correctional Training Center. Id. At that time, his morning dose of Baclofen was discontinued. Id.

         On January 23, 2018, plaintiff was evaluated by Dr. Nimely for asthma and for medication refills. Id. The doctor asked plaintiff why he was prescribed Baclofen and Naproxen. Plaintiff shared with Dr. Nimely his medical records and explained his injuries. Id. at 2. Dr. Nimely indicated that plaintiff did not need to take Baclofen in the morning but kept plaintiff on his nightly doses of Naproxen and Baclofen. Id. Disagreeing with this decision, plaintiff completed an inmate grievance form complaining about the discontinuation of his morning medication, recounting that he suffered from stiffness in the morning as well as an aching neck. Id. But, he did not receive a response. Id.

         Plaintiff was next seen on April 13, 2018, by Dr. Yvette, for his asthma and medication refills. Plaintiff explained to Dr. Yvette that Dr. Nimely had discontinued the morning prescription for Baclofen and that he awoke stiff and achy. He asked to be placed back on the morning dose, but Dr. Yvette declined, indicating “he will be wrong by going against what Dr. Nimely order [sic] or proscribed [sic].” Id.

         On October 29, 2018, plaintiff was again seen for his asthma and a medication refill of Baclofen and Naproxen. Id. He was asked how long he suffered from asthma and why he was prescribed Baclofen and Naproxen. Plaintiff advised that he used the asthma pump when he got sick and showed the doctor medical records of the injuries he sustained. The unnamed doctor discontinued plaintiff's evening dose of Baclofen as well as the asthma pump. The doctor advised plaintiff that she believed plaintiff had outgrown his asthma and there were no records showing the injuries plaintiff suffered at the Upper Marlboro Detention Center. ECF 1 at 2.

         Plaintiff indicates that, as a result of the foregoing, “every morning he wakes up stiff and aching because the mattress that the institution provide[s] is uncomfortable and the Naproxen does not work for the stiffness and the aching in his neck.” Id. at 3. He asks the court to “grant[] this T.R.O.” Id.

         B. Medical Records

         Plaintiff's medical records indicate that during his incarceration he has received ongoing chronic care medical treatment for asthma as well as back and spine injuries related to both a childhood car accident and an altercation with Prince George's ...


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