United States District Court, D. Maryland
EMMANUEL E. SEWELL Plaintiff
DAYENA CORCORAN, LAURA Y. ARMSTEAD, RANDALL NERO, DR. TEMERIKA BUCANNON, DR. HAIGHT, DR. ALLEN, BEZAWIT ADDIS, Defendants
DEBORAH K. CHASANOW UNITED STATES DISTRICT JUDGE
court issued an Order to Show Cause following the receipt of
Plaintiff Emmanuel Sewell's Status Report (ECF No. 7)
indicating that he has been subjected to assaults by other
inmates and that correctional staff are allowing other
inmates to steal his legal materials from his cell. Prior to
the receipt of counsel's response, Mr. Sewell filed a
“motion for intervention/urgent circumstances”
asserting the same or similar matters raised in the Status
Report. ECF No. 14. The response to the court's show
cause addresses those allegations and seeks denial of
injunctive relief in favor of Sewell. ECF No. 16. In both
papers, Mr. Sewell requests both the appointment of counsel
and injunctive relief. For the reasons stated herein, Mr.
Sewell's requests will be denied.
Sewell claims that on November 29, 2018, as he was leaving
the nurse's station, inmate Royston Green was blocking
the door with his hands behind his back. ECF No. 7-1 at p. 1.
When Mr. Sewell attempted to move past Mr. Green, he claims
that Mr. Green moved his hands from behind his back and began
throwing punches at Mr. Sewell. Id. When Mr. Sewell
“side stepped” Mr. Green, he claims that Mr.
Green punched him in the left leg. Id. Mr. Sewell
told Officer J. McLeisch, whom he claims was present, that
Green should be restrained. Id. In response, Officer
McLeisch allegedly simply smiled at Mr. Sewell and walked
into the nurse's station. Id. In addition to
Officer McLeisch, Mr. Sewell claims that Officer McClary and
RN Chuma were “no more than 10 feet away talking”
but acted as if nothing happened. Id. Although Mr.
Sewell encountered Ms. Griffin, the morning activities
coordinator, on his way back to his housing tier, he did not
report the assault because he “began to panic and
realize [he] was being set-up.” Id. at pp.
1-2. Mr. Sewell opted to simply walk back to his cell
instead. Id. at p. 2.
following day Mr. Sewell asked Nurse Chuma why he didn't
report what had happened between Mr. Sewell and Mr. Green the
day before. ECF No. 7-1 at p. 2. Mr. Sewell claims that Mr.
Chuma told him he had not seen anything. Id. In Mr.
Sewell's estimation it would have been impossible for Mr.
Chuma not to hear the sound of Mr. Green's punch to
Sewell's leg. Id.
his conversation with Mr. Chuma, Dr. Hong, a psychiatrist,
and five other nurses were present. Id. Mr. Sewell
asked for an investigation into the attack while correctional
officers and a nurse were present. Id. Mr. Sewell
states he has met with Dr. Hong twice since asking for an
investigation and has been informed that “Intel is
notified” about legal documents being stolen; personal
mail being stolen; Officers Bell and Wandue allowing inmates
E. Washington, J. Stepney, and M. Walker into his cell when
Mr. Sewell is in the dining room eating; and death threats
from population inmates. Id. Despite that assurance,
Mr. Sewell states he has not met with an investigator.
Sewell further claims that hours before the assault by Mr.
Green, he had a conversation with “Ms. Honchar, Psy.
Assoc.” about death threats he had received and the
practice of letting other inmates into his cell when he is
not on the tier. Id. Mr. Sewell claims that an
inmate maintenance worker who came onto the tier told him,
“the only reason you still alive is because of being in
mental health, if you were in g-pop you be dead
already!” and threats from inmates A. Hubbard and E.
Washington that “we are going to make you get new
charges whether you like it or not.” Id. After
sharing this information with Ms. Honchar, Mr. Sewell claims
he watched her share the confidential information with
Officer McLeisch “and unknowns.” Id. Mr.
Sewell observes that three hours later he was attacked by Mr.
status report, Mr. Sewell claims that from December 1 through
2018, he received defective medical devices for diabetic
finger sticks that turned his fingers purple and blue.
Id. He claims that the puncture wounds in his
fingers stopped healing and he stopped “taking
it” from December 12 through 16 “because [he] was
waking-up in a cold sweats.” Id. Mr. Sewell
reported to “Ms. Kuntra who has been filling in for Dr.
Hong” that the nurses told him to stop looking at his
fingers. Id. He maintains that there are inmates who
are gang members that are “behind it: M. Walker, N.
Carter, J. Stepney, and E. Washington.” Id. He
implies that “RN Glenn who has suddenly
disappeared” is also somehow responsible. Id.
Sewell claims that on January 10, 2019, Officer J. McLeisch
put Mr. Sewell in harm's way when he brought an
administrative segregation inmate to the nurse's station
where Mr. Sewell was waiting for treatment. ECF No. 7-1 at p.
3. Mr. Sewell states that nothing happened because two other
inmates, whom he does not name, were with him. Id.
Three days later, Mr. Sewell states that Officer Herring was
escorting the same inmate, but he was restrained.
to Mr. Sewell's motion for intervention is his letter to
Warden Armstead stating that random correctional officers and
“mental health inmates” are stalking him anytime
he leaves the tier for meals, takes his mail to the box for
outgoing mail, or tries to use the phone. ECF No. 14-1 at p.
1. He also claims that unnamed sergeants are interfering with
his outgoing legal and personal mail and that there is a lack
of meaningful psychological services available to him.
explains that on December 14, 2018, he sent an envelope to
his family that contained three Christmas cards, a letter, an
ARP referral to Secretary Moyer's office, an ARP appeal
to the Commissioner of Correction, and an IGO complaint
concerning his claim of “poisoning from
Risperdal.” Id. He states that two months
passed and he got no response. Id. Mr. Sewell also
states that none of the medical or correctional staff he
approached for assistance helped him with his complaints
regarding harassment and outgoing mail. Id. at p. 2.
letter dated December 19, 2018, addressed to Russell Nero,
Director of Patuxent Institution, he explains that he is
confined to the mental health unit and the conditions of his
confinement are under scrutiny by the undersigned. ECF No.
14-2 at p. 1. Mr. Sewell claims that other inmates are
targeting him and others to “set [them] up with nursing
staff and officers who show” favor to the other
inmates. Id. He describes the behavior as inmates
“trying to get me to assault them” by misplacing
or stealing items from his cell while he is at meals.
Id. at pp. 1-2. Mr. Sewell requests additional staff
to be a “champion for mental health rights”
because, in his opinion, existing staff are over-burdened.
document entitled “Affidavit of Ongoing Controversy,
” which is also attached to his motion, Mr. Sewell
states he is “forcibly held against [his] will”
at Patuxent and that his sentence has expired. ECF No. 14-3
at p. 1. He repeats his allegation that he was assaulted by
Royston Green, on November 29, 2018, as well as his claim
that Officer McLeisch exposed him to potential harm on
January 10, 2019. Id.
for the Department of Public Safety and Correctional
Services, provides affidavits and verified medical records in
their response to show cause establishing, inter alia, that
Mr. Sewell was diagnosed with an Axis I Delusional Disorder
and Major Depressive Disorder (noted as recurrent and in
remission) as of February 26, 2019. ECF No. 16-1 at p. 2.
Prior to that date Mr. Sewell's Axis I diagnoses were
noted as Major Depressive Disorder and Post Traumatic Stress
Sewell was noted as experiencing a recent increase in
paranoid thought content on December 26, 2018, when Kaylin
Honchar, LGPC, MHP and Mr. Sewell's treatment team met to
discuss it. ECF No. 16-2 at p. 71. It was noted that Mr.
Sewell had in the past declined to take medication to control
the paranoia, but ...