Mills v. Bishop

1

ALBERT CURTIS MILLS, Plaintiff, v. FRANK BISHOP, et al., Defendants.

ALBERT CURTIS MILLS, Plaintiff, v. LAUREN BEITZEL, et al., Defendants.

ALBERT CURTIS MILLS, Plaintiff, v. APRIL CARR, et al., Defendants.

ALBERT CURTIS MILLS, Plaintiff, v. LAUREN A. BEITZEL, et al., Defendants.

Civil Action Nos. 22-CV-1512-LKG, 23-1027-LKG, 22-cv-2805-LKG, 23-CV-0382-LKG

United States District Court, D. Maryland

January 12, 2024

MEMORANDUM OPINION

LYDIA KAY GRIGGSBY, UNITED STATES DISTRICT JUDGE.

Self-represented plaintiff Albert Curtis Mills, a prisoner at the North Branch Correctional Institution (“NBCI”), filed the above referenced Complaints which all arise from the decision of his mental health care team, in June of 2019, to end his single cell housing status and place him in a double cell. Because the Complaints arise out of this event and assert many of the same allegations against several of the same Defendants the cases are consolidated for disposition.

In each of the cases motions to dismiss or, alternatively, for summary judgment were filed on behalf of the named Defendants. Pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), in each case, the Court informed Mills of his right to respond to the Motion, and that the failure to file a response in opposition to the Motion could result in dismissal of his Complaint. The motions are now ripe for review. No hearing is necessary to resolve the motions. See Local Rule 105.6 (D. Md. 2023). For the reasons that follow, the Motions are granted.

I. Procedural History

A. 22-cv-1512-LKG (hereinafter Mills I)

On June 21,2022, Mills filed a “Verified Complaint” (Mills 1, ECF No. 1), which he later supplemented (Mills I, ECF Nos. 5, 6, and 16)^[1] alleging that he has a history of mental illness^[2]and that the Maryland Division of Correction has a policy and procedure of double celling severely mentally ill inmates which violates his rights. Mills I, ECF No. 1 at 13-15. Mills alleges that he should be granted a permanent single cell. Id. at 29-30? Mills names as Defendants, former Governor Lawrence Hogan, former Secretary of DPSCS Robert Green, former DPSCS Deputy Secretary for Operations O. Wayne Hill, Division of Correction (“DOC”) Assistant Commissioner (West) Frank B. Bishop, Jr., Inmate Grievance Office Director F. Todd Taylor, Jr., Warden Jeff Nines, IGO Administrative Officer III Sandra Holmes, and Correctional Officer Lieutenant Vaughn Whiteman of North Branch Correctional Institution (“NBCI”)^[3]

Counsel filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6) or, alternatively, for summary judgment under Rule 56, on behalf of former Governor Lawrence Hogan, former Secretary of DPSCS Robert Green, former DPSCS Deputy Secretary for Operations O. Wayne Hill, Division of Correction (“DOC”) Assistant Commissioner (West) Frank B. Bishop, Jr., Inmate Grievance Office Director F. Todd Taylor, Jr., Warden Jeff Nines, IGO Administrative Officer III Sandra Holmes, and Correctional Officer Lieutenant Vaughn Whiteman of North Branch Correctional Institution (“NBCI”). Mills I, ECF No. 18.

Pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), on March 17, 2023, the Court informed Mills of his right to respond to the Motion, and that the failure to file a response in opposition to the Motion could result in dismissal of his Complaint. Mills I, ECF No. 19. Mills's requests for discovery (Mills I, ECF Nos. 20, 22) were denied (Mills I, ECF No. 23) and he was twice granted additional time (Mills I, ECF Nos. 23, 25), to and including January 2, 2024, to file any opposition to the dispositive motion. Mills filed an opposition response on January 4, 2024. Mills I, ECF No. 26. Defendants replied. Mills I, ECF No. 27.

B. 22-cv-2805-LKG (hereinafter Mills II)

On October 31, 2022, Mills filed a “Verified Complaint” (Mills II, ECF No. 1) alleging that he has a history of mental illness and had an order to be single celled which was rescinded resulting in his being placed on disciplinary segregation which worsened his mental health. Id. at 13-15. Mills alleges that he should be granted a permanent single cell. Id. at 29-30. Mills names as Defendants, Lauren Beitzel, Vaughn Whiteman, John G. Sindy, Misty J. Guthrie, Richard S. Roderick. Lawri Winters, James Wilson, Anita Rozas, Frank B. Bishop, Jamie Farris, Christopher Wedlock, F. Todd Taylor, Robin Woolford, Robert L. Green, Lawrence J. Hogan, and the Division of Correction.^[4]

Counsel filed a motion to dismiss pursuant to 28 U.S.C. § 1915, Fed.R.Civ.P. 41(b), 12(b)(6), and 12(f) on behalf of Defendants Lauren Beitzel, Vaughn Whiteman, John G. Sindy, Misty J. Guthrie, Richard S. Roderick, Lawri Winters, James Wilson, Anita Rozas, Frank B. Bishop, Jamie Farris, Christopher Wedlock, F. Todd Taylor, Robin Woolford, Robert L. Green, Lawrence J. Hogan, the Maryland Department of Public Safety and Correctional Services Division of Correction, and the North Branch Correctional Institution. Mills II, ECF No. 11. Defendants also incorporate their dispositive motion filed in Civil Action No. 23-CV-382-LKG. See Mills II, ECF No. 11 at 6-10 (referencing the exhibits attached to ECF 9, Civil Action No. 23-CV-382-LKG).

Pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), on June 28, 2023, the Court informed Mills of his right to respond to the Motion, and that the failure to file a response in opposition to the Motion could result in dismissal of his Complaint. Mills II, ECF No. 12. Mills sought and was granted an extension of time to and including August 28, 2023 to file any opposition to the dispositive motion. Mills II, ECF Nos. 13 and 14. However, to date. Mills has not filed an opposition response in this case.

C. 23-03 82-LKG (hereinafter Mills III)

On February 9, 2023, Mills filed a “Verified Complaint” (Mills III, ECF No. 1) alleging that he has a history of mental illness and that in October of 2019 he was denied adequate shelter and psychiatric care. Mills III, ECF No. 1 at 5. He also contends that the refusal to provide him a single cell has resulted in his prolonged incarceration on disciplinary segregation. Id. Mills names as Defendants, April Carr, Lauren A. Beitzel, Vaughn Whiteman, John G. Sindy, Misty J. Gutherie, Richard S. Roderick. L. Winters, J. Wilson, Jeff Nines, A. Rozas, NBCI, Frank B. Bishop and Robin Woolford.

Counsel filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6), or, in the alternative for summary judgment on behalf of Defendants North Branch Correctional Institution (“NBCI”), April Carr, Lauren Beitzel, Vaughn Whiteman, John G. Sindy, Misty J. Guthrie, Richard S. Roderick, Lawri Winters, James Wilson, Jeff Nines, Anita Rozas, Frank B. Bishop, and Robin Woolford. Mills III, ECF No. 9 and supplemented at ECF No. 16. Defendants also incorporate their dispositive motion filed in Mills I, Civil Action No. 22-cv-1512-LKG. See ECF No. 9-1 at 4.

Pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), on June 6, 2023, the Court informed Mills of his right to respond to the Motion, and that the failure to file a response in opposition to the Motion could result in dismissal of his Complaint. Mills III, ECF No. 10. Mills filed an opposition response. Id., ECF No. 11. Thereafter, Defendants filed a reply and supplemental reply. Id., ECF Nos. 12, 15.

D. 23-cv-1027 (hereinafter Mills IV)

On April 14, 2023, Mills filed a “Verified Complaint” (Mills IV, ECF No. 1), again alleging that he has a history of mental illness and that Defendants have failed to provide him shelter, mental health care, and reasonable safety when attempting to move him to a double cell in October of 2019. Id. at 8, 10. Mills names as Defendants, Lauren Beitzel, April Carr, Vaughn Whiteman, John G. Sindy, Misty J. Guthrie, Richard S. Roderick, L. Winters, J. Wilson, Anita Rozas, Frank B. Bishop, Jamie Farris, Robin Woolford, North Branch Correctional Institution, the Maryland Department of Public Safety and Correctional Services Division of Correction, and the Inmate Grievance Office.

Counsel filed a motion to dismiss pursuant to 28 U.S.C. § 1915, Fed.R.Civ.P. 41(b), 12(b)(6), and 12(f) on behalf of Defendants Lauren Beitzel, April Carr, Vaughn Whiteman, John G. Sindy, Misty J. Guthrie, Richard S. Roderick, L. Winters, J. Wilson, Anita Rozas, Frank B. Bishop, Jamie Farris, Robin Woolford, North Branch Correctional Institution, the Maryland Department of Public Safety and Correctional Services Division of Correction, and the Inmate Grievance Office.^[5] Mills IV, ECF No. 10. Defendants also incorporate the dispositive motion filed in Mills III, Civil Action No. 23-cv-382-LKG. See Mills IV, ECF No. 10-1 at 3.

Pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), on August 11, 2023, the Court informed Mills of his right to respond to the Motion, and that the failure to file a response in opposition to the Motion could result in dismissal of his Complaint. Mills IV, ECF No. 11. Mills filed an opposition response. Id. at ECF No. 12.

II. Factual Background

A. Mills's Claims

Mills alleges that he has a history of serious mental illness, including schizophrenia, psychotic disorder, Parkinson's disease, and dementia. Mills I, ECF No. 1 at 14-15; Mills II, ECF No. 1 at 13-24; Mills III, ECF No. 1 at 7-8; Mills IV, ECF No. 1 at 9-10. He states that the Maryland Division of Correction has “an extremely dangerous institutional policy and procedure of double celling severely mentally ill (S.M.I.) inmates.” Mills I, ECF No. 1 at 13. He states that “the mental health care is harsh” when it double cells SMI inmates. Id. at 14.

Mills explains that he was housed in a single cell in the Special Needs Unit (“SNU”) at NBCI from from June 1 2009, until June 20, 2019, when he was ordered to move to a double-cell...