Lanahan v. Linde

          MEMORANDUM

          CATHERINE C. BLAKE UNITED STATES DISTRICT JUDGE

         The above-captioned cases were opened upon receipt of Complaints alleging Plaintiff, a self-described voluntarily committed mental health care patient, has been over-medicated by his treatment team, denied release, and has had his rights and privileges improperly revoked. Civil Action No. CCB-18-833 (D. Md.), ECF No. 1; Civil Action No. CCB-2177 (D. Md.), ECF No. 1; Civil Action No. CCB-2284 (D. Md.) ECF No. 1. The Complaints included fantastical, delusional claims regarding the military, NATO, the FBI, and Prince Harry, which the court advised Plaintiff would not be considered. Civil Action No. CCB-18-833, ECF No. 1. The cases were consolidated and all defendants except Dr. Linda de Hoyos and Dr. Leonard Vander Linde were dismissed. Now pending is a Motion to Dismiss, or in the Alternative, Motion for Summary Judgment, filed by defendants De Hoyos and Linde. Id., ECF No. 14. Plaintiff has responded. Id., ECF Nos. 16, 18, 19, 20. Upon review of the papers filed, the court finds a hearing in this matter unnecessary. See Local Rule 105.6 (D. Md. 2018). For the reasons stated below, the dispositive motion will be GRANTED.

         Background

         A. Plaintiffs allegations:

         Plaintiff, Daniel Lanahan, currently residing at the William R. Sharpe, Jr. Hospital in Weston, West Virginia, filed these civil rights actions pursuant to 42 U.S.C. § 1983. At the time he filed the cases, he was undergoing mental health evaluation and treatment at Thomas B. Finan Center, a multi-purpose psychiatric facility in Cumberland, Maryland, maintained by the Maryland Department of Health and Mental Hygiene.^[1]

         1. Medical Care

         Plaintiff alleges that he was taken off his proper medication, including Adderall, due to his impulse disorder and that employees at the Finan Center are trying to over medicate him. Civil Action No. CCB-18-833, ECF No. 6, pp. 1, 3. He alleges that his medication was changed so that he could not function properly. Id., p. 6. He indicates that-Dr. Vander Linde and Dr. de Hoyas are responsible for stopping his medications. Civil Action No. CCB-18-2177, ECF No. 1, p. 2.

         2. Privileges

         Plaintiff alleges that he was interviewed by the Maryland State Police regarding Maryland Attorney General Brian Frosh and as a result his telephone privileges were suspended. Civil Action No. CCB-18-833, ECF No. 6, p. 1. He claims that Dr. Vander Linde and Dr. de Hoyas directed that his privileges be revoked. Civil Action No. CCB-18-2177, ECF No. 1, p. 2.

         3. Detention

         Plaintiff alleges that he was illegally detained at the Finan Center and was forced to escape. Civil Action No. CCB-18-833, ECF No. 8, p. 11.

         B. Record evidence The reason for plaintiffs commitment to various mental health facilities is well documented by this court. As a result of an altercation while plaintiff was committed to the Division of Correction, plaintiff was criminally charged with second degree assault against a Division of Correction employee. See Lanahan v. Maryland, et al, Civil Action No. JFM-15-2030 (D. Md.), ECF No. 29-5, p. 1. On June 22, 2012, the District Court of Maryland for Howard County ordered that plaintiff be evaluated to determine if he was competent to stand trial for the assault charge. Id., ECF No. 29-7. Plaintiff was evaluated and on August 31, 2012, the District Court of Maryland for Howard County found plaintiff incompetent to stand trial and a danger to himself or others. Id., ECF No. 29-8. Plaintiff was ordered committed to the custody of the Maryland Department of Health and Mental Hygiene. Id.

         On September 5, 2014, the District Court of Maryland for Howard County found plaintiff incompetent to stand trial and not likely to regain competence within the foreseeable future. Id., ECF No. 29-9. Plaintiff was ordered civilly committed and the assault charge was dismissed the same day. Id., ECF No. 29-5, p. 1.

         On September 7, 2017, plaintiff was transferred from Clifton T. Perkins Hospital Center to the Thomas B. Finan Center where he was initially admitted on a voluntary basis after signing an Application for Voluntary Admission. Civil Action No. CCB.-18-833, ECF No. 14-4, ¶ 4 (Linde Affidavit); ECF No. 14-5 (Application for Voluntary Admission).

         On January 26, 2018, plaintiffs status changed to an involuntary admission after he was civilly committed by an administrative law judge who found him a danger to himself or others. Id., ECF No. 14-6. Plaintiffs appeal of the administrative law judge's decision was ...