United States District Court, D. Maryland
Catherine C. Blake United States District Judge
Tavon Partlow, Sr., filed this civil rights complaint
alleging that he was denied a timely parole revocation
hearing, resulting in his imprisonment for seven months. His
complaint also alleges that he endured poor conditions of
confinement during that time, ECF 1. Defendants filed a
motion to dismiss or for summary judgment in response to the
complaint. ECF 13. Partlow opposed the motion. ECF 16. No.
oral argument is necessary. See Local Rule 105.6 (D.
Md. 2018). For the reasons stated below, defendants'
motion, construed as a motion for summary judgment, will be
alleges he was entitled to a revocation hearing within 60
days of being taken into custody on a retake warrant issued
by the Parole Commission, as mandated by Code of Maryland
Administrative Regulation ("COMAR") 12.08.01(F)(2).
ECF 1 at 4. Partlow states that the pending charge against
him was a misdemeanor and was charged by summons as opposed
to a warrant. Id. He alleges that the failure to
provide a hearing was a violation of his due process rights
that resulted in his loss of liberty and "deprivation of
familial association." Id. at 6.
states that he has medical issues that were not accommodated
while he was incarcerated at Patuxent Institution pending his
revocation hearing. ECF 1 at 6. He explains that he had heart
surgery in mid-July of 2018 for a condition that
"started when [he] was a child." Id. at 5.
He was wheelchair bound "for a few years" following
surgery to correct an issue with his hips that occurred when
both femurs separated from his hip joints. Id.
Although he regained the ability to walk, he is dependent on
a cane due to bilateral hip arthritis. Id. at 5-6.
Partlow was not permitted to keep his cane with him when he
was taken into custody on the retake warrant. Id. at
6. Partlow also suffers from post-traumatic stress disorder
(PTSD), a result of witnessing numerous homicides during his
childhood, and suffers from depression. Id. at 6. He
states he explained all of his conditions to both medical and
correctional staff,  but was kept on a third floor tier despite
his limitations. Id.
addition to being denied the use of his cane, Partlow states
he was not allowed to bring or have access to his "sleep
machine to help with [his] breathing.", ECF 1 at 6. He
states he could not sleep due to his depression and his
anxiety regarding bills that were no longer being paid.
Id. He also explains that his planned "gastric
sleeve surgery" was put on hold due to his
incarceration, which in turn delayed a plan for total hip
replacement surgery. Id. He claims that any time a
weapon was found in a common area of the housing unit, the
entire unit would be locked down for 30 days; his unit was
locked down three consecutive times. Id. at 7. The
lock down status made it difficult for Partlow to exercise,
causing additional joint pain, and made it difficult for him
to contact his family. Id.
to Partlow, he was subjected to "constant
harassment" from the correctional officers. ECF 1 at 7.
He alleges that on October 22, 2018, Officer Fon
"verbally assaulted" him when he told Partlow he
wasn't a "real Muslim," adding that "we
need to take more showers." Id. Partlow
includes with his complaint copies of administrative remedy
procedure ("ARP") complaints regarding the
incident, to which he asserts he never got a real response.
Id.; see also ECF 1-1 at 1-3 (ARP and response
regarding Oct. 22, 2018, incident), 8-10 (ARP regarding Nov.
25, 2018, incident of officer harassment, no response).
December 8, 2018, Partlow fainted due to "extremely high
blood pressure." ECF 1 at 7. Other inmates in the
housing unit kicked and banged on their cell doors to get the
attention of an officer so that Partlow would get the medical
attention he needed, but Partlow claims it still took 45
minutes before he was "rescued." Id.
Although he was taken to Howard County General Hospital for
treatment, Partlow states that no attempt was made to
determine why he was having fainting spells during the six
months he was confined at Patuxent. Id. As relief,
Partlow seeks compensation for each day he was incarcerated,
for lost wages, attorney's fees, and other compensatory
damages. ECF 1 at 8.
explain that Partlow began serving a seven-year term of
confinement on October 13, 2009, and was released on
mandatory supervision on May 20, 2016. See ECF 13-1 at
10; ECF 13-7 at 1 (Mandatory Release Certificate). His
mandatory supervision expired on September 22, 2018. ECF 13-2
at 2, ¶ 10.
December of 2017, a summons was issued for Partlow by the
District Court for Harford County, Maryland, charging him
with second-degree assault. ECF 13-2 at 1, ¶ 4. No.
action was taken by the Parole Commission, although Partlow
remained under supervision at that time. Id. In
August of 2018, another summons was issued by the District
Court for Harford County, charging Partlow with second-degree
assault of his 13-year-old son. ECF 13-2 at 2, ¶ 5. On
August 29, 2018, a retake warrant was issued by the Parole
Commission charging Partlow with violating the conditions of
his release. Id. at 2, ¶ 6; see also
ECF 13-11 (Retake Warrant). Pursuant to that retake warrant
Partlow was taken into custody on October 1, 2018. ECF 13-13
October 9, 2018, Partlow waived a preliminary parole
revocation hearing and admitted he violated the conditions of
his release. ECF 13-12 (Waiver of Preliminary Hearing and
Admission of Violations). Notwithstanding that admission, the
Parole Commission postponed Partlow's revocation hearing
and detained him until resolution of the pending assault
charges in Harford County. ECF 13-2 at 2, ¶ 10.
Commissioner Jason Keckler explains that the decision to
postpone the revocation hearing was based in part on the
nature of the criminal charges pending against Partlow and
the fact that, if his mandatory supervision release were
revoked, his confinement could be extended to January 28,
2021. ECF 13-2 at 2-3, ¶ 10. Despite the fact Partlow
was confined on the retake warrant on a date beyond the
September 22, 2018, expiration of his supervision, Partlow
remained incarcerated. Id.
letter dated March 4, 2019, counsel for Partlow contacted the
Parole Commission requesting a hearing date for his
revocation. ECF 13-15. A revocation hearing was held before
Commissioner Keckler on April 12, 2019. "ECF 13-2 at 3,
¶ 12; ECF 13-17 (transcript of testimony at revocation
hearing). Partlow's supervising agent recommended that
Partlow be released to probation supervision and noted that
he was facing another 13-year sentence if he was convicted on
the new assault charge. ECF 13-17 at 2. Keckler explained to
Partlow that his parole supervision would be continued and he
would be released from confinement and required to report to
his parole agent. Id. at 3. After Partlow addressed
Keckler, explaining the number of programs he had completed
while confined and his compliance with reporting to his
parole agent, and noting that he had already been confined
for seven months, Keckler changed the disposition of the case
and closed out Partlow's parole supervision. Id.
at 4-5. Partlow was released from custody on the same date of
his hearing, ECF 13-2 at 3, ¶ 16.