United States District Court, D. Maryland
CATHERINE C. BLAKE UNITED STATES DISTRICT JUDGE
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.
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
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.
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.
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.
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.
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.
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).
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 ...