United States District Court, D. Maryland
K. Bredar, Chief Judge.
case arises out of the arrest of Edwin Krell
("Plaintiff') and his subsequent confinement at
Queen Anne's County Detention Center ("QACDC").
In March 2018, Plaintiff filed a twelve-count complaint
bringing federal and state law claims against numerous state
and local officials, as well as Queen Anne's County.
(Compl., ECF No. 1.) In December 2018, this Court dismissed
several of these claims and parties, leaving two sets of
defendants: (1) the warden of QACDC, LaMonte Cooke, and (2)
two of the state troopers that arrested Plaintiff. (Memo. Op.
Mot. Dismiss, ECF No. 27.)
brings his claims against Warden Cooke
("Defendant") under 42 U.S.C. § 1983. (Compl.
¶¶ 67, 95.) He alleges that Defendant was
deliberately indifferent to his medical needs in violation of
the Fourteenth Amendment (Count I) and the Eighth Amendment
(Count III). (Id.) Discovery has been completed, and
Defendant moves for summary judgment on both
claims. (M.S.J., ECF No. 51.) The motions have
been fully briefed. No. hearing is required. See
Local Rule 105.6 (D. Md. 2016). For the reasons set forth
below, the Court will grant Defendant's motion for
summary judgment on both claims, 
March 3, 2015, Plaintiff was arrested on a felony drug charge
by the Maryland State Police and brought to QACDC. (Krell
Depo. 10:14-21, 96:7-12, ECF No. 69-1.) Plaintiff alleges he
arrived at the facility with a right shoulder dislocation and
a torn subscapularis tendon. (Opp'n Mem. at 3, ECF No.
68.) Despite a well-chronicled history of shoulder problems,
Plaintiff attributes the injury to one of the arresting
officers who allegedly pulled him up by the handcuffs during
his arrest. (M.S.J. Ex. 5, ECF No. 53-4; Krell Depo.
106:9-13.) Defendant was made aware of Plaintiffs injury, in
general terms, by a jail official during intake. (Cooke Depo.
23:4-6, ECF No. 69-2.)
March 4, 2015, the day after Plaintiff arrived at the
detention center, jail officials took him to a medical
facility in Queenstown and then subsequently to the Shock
Trauma Center at the University of Maryland Medical Center.
(Krell Depo. 212:4-21.) While at Shock Trauma, Plaintiff was
diagnosed with a dislocated shoulder and a closed reduction
of the shoulder was performed. (Opp'n Mem. Ex. C at 1,
ECF No. 69-3.) During this visit, a decision was reached that
Plaintiff should have shoulder surgery. (Id. at 3.)
The discharge instructions stated that Plaintiff should
follow up with a surgeon-Dr. Gilotra-within one to two days
to schedule an appointment for pre-operative surgical
planning. (Id.) Plaintiff returned to QACDC but no
appointment with Dr. Gilotra was ever scheduled. (Krell Depo
would ultimately spend one month at QACDC as a pretrial
detainee. (M.S.J. Ex. 1 at 0007, ECF No. 53 .) During this time,
he filed four Health Services Requests, which described
severe pain and loss of mobility and sensation in his
shoulder, arm and hand. (Opp'n Mem. Ex. F-I, ECF Nos.
69-6-69-9.) The requests were filed with Conmed-QACDC's
third party medical provider-and each was acknowledged by
Lona Ecker, an RN at the facility. (Id.; Cooke Depo.
26:4-7.) Plaintiff also filed one Inmate Request Form asking
how his pain would be managed, but it is unclear which jail
official received it. (Opp'n Mem. Ex. U, ECF No. 69-21.)
his time at QACDC as a pretrial detainee, Plaintiff also had
three additional appointments with medical providers. On
March 8, 2015, Plaintiff was seen at Chester River Hospital
Center for numerous complaints, including chest pain. (M.S.J.
Ex. 1 at 0135-0142.) His shoulder was x-rayed at QACDC two
days later. (Id. at 0206.) On March 18, 2015,
Plaintiff saw an orthopedic surgeon-Dr. Stephen D. Brown-who
ran further diagnostic studies on Plaintiff's shoulder
and recommended a follow-up appointment "on or
around" April 1, 2015. (Opp'n Mem. Ex. D at 4, ECF
No. 69-4.) But on April 2, 2015, Plaintiff posted bail and
was released from QACDC. (M.S.J. Ex. 1 at 0007.) Upon his
release, Conmed provided Plaintiff written instructions to
follow up with an orthopedic surgeon. (Id. at
subsequently pled guilty and returned to QACDC on November 6,
2015 to serve his sentence. (Id. at 0006; Krell
Depo. 96:7-12.) During the time he had been outside of QACDC
custody, Dr. Brown had performed surgery on Plaintiffs
shoulder to repair what post-operative notes described as a
"[m]assive Bankart tear subscapularis tendon rupture
with retraction impingement." (Opp'n Mem. Ex. E at
1, ECF No. 69-5.) When Plaintiff returned to the detention
center, his arm was in a metal brace, which jail officials
confiscated. (Opp'n Mem. Ex. J., ECF No. 69-10.)
Plaintiff informed Defendant and Conmed staff that he needed
physical therapy three times per week, though Conmed did not
receive medical documentation supporting such a treatment
plan nor any other medical records related to the surgery Dr.
Brown performed. (M.S.J. Ex. 1; M.SJ. Mem. Supp. at 12, ECF
remained at QACDC until January 19, 2016. (M.S.J. Ex. 1 at
0001.) During this approximately two and one-half month
period, Plaintiff attended two physical therapy appointments;
he contends he should have been receiving physical therapy
three times per week. (Opp'n Mem. Ex. K, ECF No. 69-11.)
Plaintiff also attended a follow-up appointment with Dr.
Brown on November 25, 2015. (M.S.J. Ex. 8 at ¶ 034-038,
ECF No. 53-7.) Conmed staff occasionally supplied him with
ice for his shoulder, but not as often as Plaintiff believed
he needed. (Opp'n Mem. Ex. M, ECF. No. 69-13.)
his time at QACDC as a post-conviction inmate, Plaintiff
filed seven Inmate Grievances complaining of severe shoulder
pain and expressing concern that his shoulder would be
"messed up for life" if he did not get more
frequent physical therapy, (Opp'n Mem. Ex. L-R, ECF Nos.
69-12-69-18.) Defendant signed and acknowledged each of these
grievances. (Id.) Defendant was in regular contact
with Conmed staff about getting Plaintiff physical therapy,
and informed Plaintiff in writing of these efforts. (Cooke
Depo. 118-131; Opp'n Mem. Ex. L-R.) Defendant speculated
that the reason Conmed was having difficulty securing a
physical therapist is that outside medical providers can be
reluctant to treat inmates in their offices. (Cooke Depo.
127:1-9.) During this period, Defendant met frequently with
Plaintiff to discuss his "medical situation,"
including up to "two or three times in one day."
Conmed staff approached Defendant about the possibility of
Plaintiff serving the remainder of his sentence at home,
where Plaintiff would have better access to physical therapy.
(Id. 44:2-8.) Defendant relayed this option to
Plaintiff orally and in writing and suggested Plaintiff
discuss the matter with his attorney. (M.S. J. Ex. 1 at 0041;
Cooke Depo. 119:5-7.) Plaintiffs attorney eventually obtained
the court's permission for Plaintiff to serve the
remainder of his sentence on home detention, and Plaintiff
was released from QACDC on January 19, 2016. (M.S.J. Ex. 1 at
0001.) Two years later, on March 2, 2018, Plaintiff filed his
Standards of Review