United States District Court, D. Maryland
RICHARD D. BENNETT UNITED STATES DISTRICT JUDGE.
response to this civil rights complaint, Defendants the
Warden, Governor Larry Hogan, and Secretary Stephen T. Moyer
move to dismiss or for summary judgment in their favor. ECF
34. Self-represented Plaintiff Amy McBride, despite being
notified of her opportunity to respond to the motion, (ECF
35) has failed to respond. No hearing is necessary for the
disposition of the matters pending before the Court.
See Local Rule 105.6 (D. Md. 2018). For the reasons
that follow, Defendants' motion, construed as one for
summary judgment, is GRANTED.
is an inmate at the Maryland Correctional Institution for
Women (MCIW). She filed the instant complaint presenting a
laundry list of grievances about her incarceration.
Primarily, Plaintiff alleges that she was: denied adequate
medical care (ECF 1 at pp, 3-4), denied legal resources
(id. at p. 5), suffered issues with her legal mail
(id. at p. 6) and the administrative remedy process
(id., p. 4), and was housed in a gender
discriminatory, filthy, vermin-infested infirmary
(id. at p. 6).
alleges that she had "issues with the chronic care
medical doctor" regarding her request to have a skin
biopsy performed. The request was denied and four years later
she was diagnosed with skin cancer. ECF 1, p. 1. She alleges
she was left with a scar and needs a biopsy for a growth in
her nose. Id., p. 2.
states that in 2015 she began to suffer from incontinence
issues which have adversely affected the quality of her life.
ECF 1, p. 2. She explains that she was referred to a
gastroenterologist and later a gynecologist in order to
ascertain the cause of her condition. Id., p. 3. She
indicates that the incontinence led to vaginal infections for
which she received several rounds of antibiotics.
Id. Ultimately she was referred for consultation
with a surgeon. Id.
states that she has several allergies including sulfur and
preservatives in food. ECF 1, p. 3. She was provided a rescue
inhaler but she claims that when she used the inhaler her
"nose would begin to swell closed." Id.,
p. 4. In 2013 she reports she needed to use an epipen due to
a reaction to food she ate. She claims that she did not
receive any assistance from the chronic care doctor after
2015 and that the dietary department "served her
allergies." Id., p. 4. She also generally
claims that she has not received dental care. ECF I, p. 5.
December 17, 2016, Plaintiff claims she began a hunger strike
due to her complaints about her medical treatment, access to
grievances, legal materials, and legal mail.. ECF 1, p. 6, In
January of 2017 she was placed in the infirmary. Id.
She was later removed from the infirmary despite her
continuation of the hunger strike. Id., p. 7. She
was subsequently returned to the infirmary and provided
intravenous fluids. Id., p. 8.
also states that she unsuccessfully attempted to use the
administrative remedy process. ECF 1, p. 4.
states that access to adequate and effective legal resources
does not exist. ECF 1, p. 5. Additionally she states that,
"The State is out of the U.S. Federal standards for what
constitutes legal mail." ECF 1, p. 5.
alleges that the conditions in the infirmary are gender
discriminatory, filthy, and vermin are present. ECF 1, p. 7.
She also claims that the building loses heat. Id.
submit exhibits, including the affidavits of Ami Jalloh,
R.N., MOW Warden Margaret Chippendale, and MCIW Librarian
Hananya Cohen, and relevant portions of McBride's medical
records from June 23, 2015 to January 25, 2018. ECF 34-2
(Jalloh Affidavit); ECF 37-3 (medical records
6/23/15-1/25/18); ECF 34-4 (Chippendale Affidavit); ECF 34-5
initial Complaint included allegations that she was on a
hunger strike. In light of the concern for her safety, the
Court directed the Office of the Attorney General to show
cause why injunctive relief should not be granted. ECF 3. The
Office of the Attorney General responded and attached
affidavits and medical records (ECF 6) which demonstrated
that at that time Plaintiff was housed in the infirmary at
MCI where she was receiving constant medical care and was
regularly treated by physicians, mid-level providers, and
nursing staff. ECF 6-1, ¶ 3. Despite proclaiming that
she was on a hunger strike, Plaintiff was observed picking
and choosing foods that she wanted to eat and was not
refusing all foods. Id.
Plaintiff filed additional documents including two Motions
for Injunctive Relief again alleging she was on a hunger
strike and was weak. ECF 7, 8, 9, 10-13, 15. The Office of
the Attorney General was directed to supplement their
Response concerning Plaintiffs medical care. ECF 16. The
response (ECF 17) demonstrated that while Plaintiff was
regularly seen by medical staff and that while Plaintiff
regularly complained of allergies and offered this as the
basis for her declining food, allergy testing was negative.
ECF 17-1 at pp. 3-5. Additionally, it was reported that
Plaintiff regularly ate and had stopped refusing meals.
Id. Her requests for preliminary injunction were
denied. ECF 18.
Jalloh, R.N., B.S.N, is the Health Services Administrator for
Wexford Health Sources, Inc. ECF 34-2, ¶ 2. She avers
that Plaintiff is housed in the medical infirmary where she
receives regular treatment and evaluation by physicians,
mid-level providers and nursing staff. ECF 34-2, ¶3.
Although Plaintiff has claimed to be on a hunger strikes she
has been observed picking and choosing foods that she wants
to eat and is not refusing all meals. Id.
staff are responsible for handling legal mail which is
delivered to the inmates by custody staff on the 3-11 shift.
ECF 34-4, ¶ 2. The MCIW Legal Mail Logbook demonstrates
that Plaintiff received legal mail on October 2, 10, 13,
2017, December 26, 2017 and January 12 and 26, 2018.Jtf.