Best v. Balt. Cnty.

SEAN BEST, Plaintiff, v. BALTIMORE COUNTY, et al., Defendants.

Civil Action No. ELH-19-2344

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

March 9, 2021

MEMORANDUM OPINION

The self-represented plaintiff, Sean Best, filed suit pursuant to 42 U.S.C. § 1983 while he was detained at the Baltimore County Detention Center ("BCDC"). He has sued a host of defendants: Baltimore County; BCDC Director Gail Watts; Patricia Alderman; Sergeant Matthew Bennett; Sergeant Loretta Carr; Officer Wanda Carter; Officer Kimberly Green; Sonia Idaewor; Sergeant Stormie Johnson; Lieutenant Kevin Murphy; Stephen Verch; and Lieutenant Dene Williams-Hatcher (collectively, the "County Defendants"); Natalie Hieb and Towanda Malley (collectively, the "Medical Defendants");¹ an unidentified "Charge Nurse," and 21 individual "John Does." ECF 1. Best's 41-page Complaint, which is unverified, alleges unconstitutional conditions of confinement at BCDC, his improper classification, defendants' failure to protect, obstruction of access to court, violation of religious freedom, deliberate indifference to medical needs, and retaliation. Id. He seeks a declaratory judgment as well as punitive and compensatory damages and injunctive relief. Id. at 3.

The Medical Defendants have filed a "Motion To Dismiss Or In The Alternative Motion for Summary Judgment." ECF 34. It is supported by a memorandum (ECF 34-1) (collectively,the "Medical Defendants' Motion") and an exhibit containing Best's medical records. ECF 34-2. The County Defendants have also filed a "Motion To Dismiss, Or In The Alternative, For Summary Judgment." ECF 39. Their motion is supported by a memorandum of law (ECF 39-1) (collectively, the "County Defendants' Motion") and numerous exhibits, including several affidavits.

Pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the court informed Best that the failure to file a response in opposition to the defendants' motions could result in dismissal of his Complaint. ECF 37, ECF 41. Best filed nothing further.

Defendants "Charge Nurse" and the 21 John Does were neither identified nor served with the Complaint. Therefore, the claims against them shall be dismissed, without prejudice.

As to the remaining defendants, the matter is now ripe for disposition. Upon review of the record, exhibits, and applicable law, the court deems a hearing unnecessary. See Local Rule 105.6 (D. Md. 2018). The Medical Defendants' Motion, construed as one for summary judgment, shall be granted. Best's claims against BCDC, Sgt. Johnson, and Sgt. Carr shall be dismissed. As to the remaining County Defendants, the County Defendants' Motion shall be construed as a motion for summary judgment and shall be granted.

I. Factual Background

A. Best's Allegations

In his Complaint, Best raises eleven claims arising from separate incidents. ECF 1 at 7-41.²

First, Best alleges that while he was being processed for admission into BCDC, he saw another inmate who was "itching and scratching all over." Id. at 7. Best told BCDC officers that the inmate may have lice, crabs, or bed bugs, but the officers did not direct any inmates to shower with delousing shampoo. Id. at 7-8. Best was then taken to an overcrowded housing unit where he saw another inmate with crabs. Id. at 8. After five days, Best noticed that he had "bites" all over his body. Id. at 8-9. Best informed a BCDC officer, who stated that the bites "were either from bed bugs or lice." Id. at 9. Best placed a sick call for medical attention but received no treatment. Id. He was subsequently moved to a different housing unit, at which time he filed a grievance regarding BCDC's failure to decontaminate inmates and the medical staff's failure to provide treatment. Id. After being threatened with an infraction, Best withdrew the grievance. Id. at 9-10.

Second, Best alleges that Baltimore County and its employees have no regard for his safety and health because Officer Green and additional BCDC staff improperly classified him as a "Blood gang member" with no supporting evidence. Id. at 10. Best claims that as a result of the misclassification, he was attacked by a cellmate who identified as a "Crip." Id. Best chose not to report the incident because he did not want to be labeled an informant and because the attacker was soon released from BCDC. Id. at 10-11. Best states that a correctional officer explained there was no classification criteria used at BCDC and "they do what they want to do" because it is privately owned. Id. at 11.

Third, Best claims that he was incorrectly placed on "suicide watch" and given a safety blanket, no sheets, and no pillowcase. Id. at 12. When he reached his assigned housing unit, Best saw that the mattresses had black mold. Id. at 12-13. He was thus forced to sleep on a moldy mattress. Id. at 13.

Fourth, Best alleges that BCDC does not have an adequate law library, nor does it provide assistance, supplies, postage, copies, or notary services for legal work, especially for inmates who are represented by an attorney. Id. at 14, 18-19. Best states that when he arrived at BCDC, correctional staff confiscated his envelopes and carbon copy paper, and he was unable to purchase stamps or obtain certified mail forms. Id. at 15-16. BCDC staff indicated that they would send Best's outgoing time-sensitive legal mail, but it was returned to him with no explanation. Id. at 16-17. As a result of the delay in mailing, Best's claims in that particular case "were dismissed for failure to comply with court mandates." Id. at 17. Thus, he alleges a violation of his right to access to courts. Id. at 17-18.

Best's fifth claim asserts a violation of his right to religious freedom, practice, or worship. Id. at 20. He states that upon his arrival at BCDC on May 29, 2019, he told the processing officer that he was Muslim and had been fasting for Ramadan. Id. Best was informed that newly admitted inmates were "not allowed" to fast. Id. On June 1, 2019, Best spoke to a different officer who told him to contact Defendant Alderman regarding religious diet services. Id. at 20-21. Best did as instructed, and also contacted Defendant Idaewor, but his request was not addressed. Id. Despite being told by Lt. Williams and Lt. Murphy that he would have an Eid feast, no such feast was provided. Id. at 22. Best filed a grievance regarding this issue but did not receive a response. Id.

Best's sixth claim alleges deliberate indifference to his health and safety. Id. at 23. Best states that on June 8, 2019, a correctional officer instructed him to move to the top bunk because his new cellmate had a pass for the bottom bunk. Id. at 23-24. Best told the officer that he also had a medical order for the bottom bunk, but the officer stated that it was not documented in the computer system. Id. at 24. Later that month, Best was awakened by another officer at 3 a.m. forhis diabetes finger stick. Id. at 25. Best claims that his top bunk did not have a ladder, just like all of the beds on the "old side" of BCDC, and instead had a 10-inch cinder block, which is not sufficient to be used as a step ladder. Id. As Best attempted to come down, while experiencing low blood sugar and numbness on his foot, he fell with his leg landing inside the toilet bowl and his head hitting the wall. Id. at 26. As he tried to break his fall, Best also injured his hand. Id. at 23, 26. He was taken to the medical unit and given an ice pack, but he was not allowed to take the ice pack back to his cell. Id. at 26-27. Best returned to the medical unit later that night and was given a splint, Tylenol for pain, and an order for x-rays. Id. at 27. Two days later, the x-ray revealed "damage" but no broken bones. Id. The medical provider confirmed that Best had a pass for the bottom bunk; however, correctional staff continued to assign him to a top bunk. Id. at 28.

In Best's seventh claim, he alleges that Baltimore County and its employees at BCDC violated his constitutional rights by not having his cell equipped with an intercom system for use during emergencies. Id. at 29. Due to his diabetes and high blood pressure, Best believes it is imperative for him to have access to an officer at all times. Id. He claims that the lack of an intercom has caused him extreme paranoia and mental anguish. Id. Best wrote letters regarding this issue to Defendants Watts and Verch but received no response. Id. at 30.

As an example of an emergency, Best states that on June 27, 2019, his mental health provider changed his medication from Zoloft to Lamictal, despite Best's recollection that he was allergic to Lamictal. Id. at 30-31. The medical provider indicated that Best would be monitored and given Benadryl in case of hives, joint or muscle pain, swelling, or trouble swallowing and breathing. Id. At approximately 2 p.m. on June 27, 2019, Best had numbness on his left hand, pain in his arm, hives all over, and swelling in his throat. Id. at 31. He was taken to the medical unit at 3 p.m. and waited until 6 p.m. but was never evaluated. Id. at 31-32. Best's symptomscontinued throughout the night. Id. at 32-33. At 6 a.m. the following day, he asked a correctional officer to call the medical unit and was told that Nurse Natalie instructed him to place a sick call. Id. at 33. The area sergeant, Sgt. Bennett, also refused to talk to him. Id. Finally, a correctional officer noted the medical provider's instructions regarding Benadryl and Nurse Malley rushed to Best's cell. Id. at 34. Best was taken to the medical unit, where he was treated and monitored for five hours. Id. Best asserts that an intercom system would have allowed him to get help quicker. See id. at 30-34.

Eighth, Best claims that BCDC's employees and contractors have failed to properly adhere to his prescribed medical diet. Id. at 35. Although his food trays have been marked as "diet," their contents have not differed from those found on regular trays. Id. As a result, Best's weight and A1C levels have increased. Id....