Blake v. Green

SHAIDON BLAKE, AKA: Shidon Blake, Plaintiff, v. ROBERT L. GREEN, Secretary, Public Safety and Corr. Svcs. Defendant.

Civil Action No.: PWG-20-3563

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

July 15, 2021

MEMORANDUM OPINION

In a Memorandum Opinion and Order dated February 16, 2021, this Court denied Plaintiff's request for injunctive relief seeking a transfer back to Maryland from Kansas, required counsel for the Maryland Department of Public Safety and Correctional Services ("DPSCS") to file documentation regarding Plaintiff's assignment to segregation and the disciplinary proceedings held in Kansas where he is now incarcerated, denied Plaintiff's request for injunctive relief in connection with his medical care and the COVID-19 precautions implemented by the Kansas Division of Correction ("KDOC"), required additional evidence regarding Plaintiff's claim that he was forcibly medicated during a suspected stroke, and required additional documentation supporting the adverse actions taken against Plaintiff by Kansas officials to address his claims that he was the subject of retaliation. ECF No. 9.

Counsel for DPSCS filed a second response to this Court's Order to Show Cause. ECF No. 15. Plaintiff Shaidon Blake, who is proceeding pro se, filed a Response and a Supplemental Response. ECF Nos. 16 & 17. No hearing is necessary to resolve the issues remaining in this case. See Local Rule 105.6 (D. Md. 2021). For the reasons that follow, Blake's remaining requests for injunctive relief shall be denied and the complaint dismissed.

Background

A. Rationale for Interstate Transfer/Denial of Transfer Back

The reason Blake was involuntarily transferred to Kansas through the Interstate Corrections Compact ("ICC") involves both the nature of his offense and his behavior during his incarceration in Maryland. Specifically, Blake, who was a high-ranking officer in the Bloods gang, was convicted of murdering a member of the Bloods gang in Baltimore. Evidence at his trial established that he came to Baltimore from California "to reform Baltimore Bloods and discipline members who did not comply." ECF No. 15-7 at 1. The victim was perceived by Blake and his co-defendants as failing to live up to his responsibilities as a member of the gang. The victim was then "disciplined" by Blake and three other individuals in the basement of a house in Baltimore where he was restrained, beaten, cut multiple times with a box cutter, and a Samurai sword was plunged into his neck, killing him. See Blake v. Wolf, et al., Civil Action PWG-13-1160 (D. Md. 2015) (Dec. 29, 2015 Memorandum Opinion, ECF No. 39). The victim's body was then set on fire in a nearby alley and later discovered by neighbors who reported it to police. Id.

According to Maryland DPSCS, Blake's case was "highly publicized in Maryland and other gang members easily recognized him." ECF No. 15-7 at 1. Blake was "no longer in good standing with the local population of Blood members." Id. They explain that while confined to Jessup Correctional Institution ("JCI"), "Blake was seen as one of the top leaders amongst the Bloods" who "would not act in the capacity of an informant, but rather as a representative for the group who would help maintain the peace and work with staff to resolve issues."¹ Id. "JCI Intelstaff reported that inmate Blake was eventually viewed as a 'snitch' by other Blood members and a hit was placed on him by the group." Id. at 1-2.

Reports from KDOC indicate that Blake has made numerous threats to staff and those reports were relied upon by Maryland DPSCS to deny his request to return to Maryland:

He has made numerous threats to staff and has received three disciplinary reports for threatening/intimidating staff during his incarceration in Kansas Department of Corrections. On 8/14/2020, the KDOC also reports that during a recent off-site transport Blake stated staff were 'messing with him' and if staff didn't leave him alone, he is going to 'make shit happen.' Additionally, the KDOC reported that Blake has also stated that he is the only inmate who can "unite the entire compound regardless of gang affiliations; There will be war." Blake also stated that 'if anyone touches me they will fucking die. My guys will pull up on their house." Blake also claims to have a great authority within the Bloods and a Jamaican gang. Blake continued stating they will come over whenever he needs them and will take care of the "problems". . . . This amounts to verification that Blake's threat to others, including DPSCS staff, still exists; therefore, he should not be returned to Maryland.

ECF No. 15-7 at 2 (emphasis supplied). In addition to the reports regarding threats made by Blake, he also placed an unauthorized three-way call to Patricia Smith, a Case Manager Specialist whose signature appears on documents denying Blake's request for transfer back to Maryland. Id., see also id. at 9. The conversation between Blake and Smith did not include any threats by Blake; rather, Blake simply voiced his numerous complaints against KDOC employees and his treatment in Kansas. Id. at 9.

B. Disciplinary Record in Kansas

Blake's disciplinary record in Kansas includes charges that he was inebriated, possessed contraband and weapons, and made threats to KDOC staff. On December 23, 2018, Blake was charged with threatening an officer when he was seen wearing leather gloves, refused orders to remove the gloves, and advanced toward the reporting officer in "an angry manner." ECF No. 15-3 at 29. He was found guilty of threatening an officer and disobeying orders on December 31, 2018. Id. at 31.

On January 30, 2019, Blake was charged with making threats against an officer when he complained to the reporting officer² that Officer Browning was "disrespectful" and that "if that bitch talks to me like that again she needs to know I'll hurt her, they will put me on a plane and get me out of here." ECF No. 15-3 at 24. Blake went on to say that he was "past the point of caring what happens, but there are consequences for her actions and she needs to pay." Id. In a waiver form dated February 4, 2019, which is signed by Blake, he waived his right to a hearing, id. at 28, and was found guilty, id. at 26-27.

On March 3, 2019, Blake was charged with fighting when an officer observed him engaged in a fight with another inmate in the chow hall. ECF No. 15-3 at 18. Blake was pulled to the ground and restrained "with mechanical restraints." Id. According to the documents filed, Blake entered a plea of guilty to the charge on March 5, 2019. Id. at 20 and 22. No hearing was held, and the penalty imposed is not reflected in the record before the Court. Id. at 23.

On April 4, 2019, Blake was charged with disobeying an order and interference with cell operation for hanging a blanket that blocked the view into the cell. ECF No. 15-4 at 116. Blake waived his right to a hearing, see id. at 118, and he was found guilty of the charges. Id. at 120-21.

On May 17, 2019, Blake was charged with possession of sexually explicit materials and theft when a search of a box of his legal materials uncovered 20 photographs depicting nude women and a hot pot belonging to another inmate. ECF No. 15-4 at 123. Blake waived his rights to a hearing, see id. at 124, but there is no record of the disposition on this case.

On May 30, 2019, Blake was charged with possession of dangerous contraband and disobeying orders. ECF No. 15-3 at 15. The reporting officer observed Blake with a homemade weapon consisting of a "ice pick style" knife that was six inches long. The officer ordered him to drop the weapon "several times." Id. When Blake did not comply with the orders, pepper spray was deployed to gain his compliance. Id.

On June 9, 2019, Blake was charged with disobeying orders, insubordination, and interfering with official duties. ECF No. 15-4 at 125. Because Blake was on disciplinary segregation at the time, he was not provided with a recreation cage containing a phone. Id. Blake argued with the officer and went into a cage that had a phone and refused to come out because, in his view, he should have gotten a phone call. Id. Blake waived his right to a hearing and was found guilty on the charges alleged. Id. at 127-29.

On July 18, 2019, Blake was charged with possession of dangerous contraband. ECF No. 15-4 at 16. Blake was asked by an officer if he had any weapons and he replied that he did, pulling out an eleven-inch homemade weapon from his waist band. Id. Blake did not contest the charge, and he was found guilty. Id. at 13. On that same date, Blake was charged with fighting another inmate. Id. at 107. After Blake waived his rights to a hearing, see id. at 110, he was found guilty of the fighting charge, id. at 112.

On October 23, 2019, Blake was charged with threatening or intimidating an officer after he became "upset because he was not allowed to take personal property with him to the shower." ECF No. 15-3 at 44. Blake is reported to have said he could make "'shots fired"' and that he was from another State and was sent to Kansas "because of how bad a person he is," and he told the officers present that they "better watch [themselves] because he is the 'real thing.'" Id. Blake maintained that he never threatened staff and that the officers involved apologized to him forwriting him up. Id. at 47. Testimony was provided by Blake, his cellmate, and the reporting officer. Id. at 52. While Blake and his cellmate testified that Blake never threatened the officers and the charges against Blake were the result of a misunderstanding, the reporting officer denied Blake's account of conversations that took place after the charges were made. Id. at 52-53. Blake was found guilty and sentenced to 60 days segregation and fined $20. Id. at 54.

On March 19, 2020, Blake was charged with disobeying orders by hanging a "curtain" in his cell. ECF 15-4 at 18. A fine of $5 was imposed. Id.

On March 30, 2020, Blake was charged with use of stimulants,...