Knight v. Watts
| Docket Number | Civil Action ELH-21-56 |
| Decision Date | 07 January 2022 |
| Parties | DONTE RAY KNIGHT, Plaintiff, v. DIRECTOR GAIL WATTS, et al., Defendants. |
| Court | U.S. District Court — District of Maryland |
Date Ellen L. Hollander, United States District Judge.
The self-represented plaintiff, Donte Ray Knight, filed suit pursuant to 42 U.S.C. § 1983 against Gail Watts Director of the Baltimore County Detention Center (“BCDC”), and Yolanda Rawlerson, R.N (collectively, the “County Defendants”), as well as PrimeCare Medical, Inc. (“PrimeCare”); Zowie Barnes, M.D.;[1] and Edna Boffie, CRNP (collectively, the “Medical Defendants”). ECF 1. Knight's Complaint, which is supported by exhibits and affidavits from four other inmates, is rooted in his detention at BCDC. He alleges that the County Defendants were deliberately indifferent to his needs, subjected him to cruel and unusual punishment by failing to comply with the guidance of the Centers for Disease Control and Prevention (“CDC”) regarding the COVID-19 pandemic, and violated his rights pursuant to the Health Insurance Portability and Accountability Act (“HIPAA”) Pub. L. No. 104-191, 110 Stat. 1936 (1996). Id. at 4-6. In addition, Knight alleges that the Medical Defendants were negligent and “careless” in prescribing medication for him without disclosing possible side effects or adverse reactions. Id. at 2. He seeks five million dollars in damages. Id. at 7.
The County Defendants moved to dismiss or, in the alternative for summary judgment. ECF 17. Their motion is supported by a memorandum of law (ECF 17-1) (collectively, the “County Defendants' Motion”) and numerous exhibits, including affidavits. The Medical Defendants have also moved to dismiss or, in the alternative, for summary judgment. ECF 23. Their motion is supported by a memorandum (ECF 23-1) (collectively, the “Medical Defendants' Motion”), an exhibit containing Knight's medical records, and an affidavit.[2] Knight opposes both motions. ECF 27 (Opposition to County Defendants' Motion); ECF 33 (Opposition to Medical Defendants' Motion).[3]
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. 2021). The defendants' motions, construed as motions for summary judgment, shall be granted.
The claims raised by Knight center on two incidents. See ECF 1 at 2-6.[4] First, Knight alleges that on June 1, 2019, while he was in his cell at BCDC, he experienced shortness of breath and noticed that his lips were swollen. Id. at 2. He was immediately taken to the infirmary, where Janyne M. Levy, CRNP. administered an epinephrine shot. Id. at 3. Subsequently, Levy informed Knight that the incident was the result of an allergic reaction to his blood pressure medication, Lisinopril, which he had been taking for five months. Id. Levy also told Knight that the reaction was “a common occurrence with African Americans.” Id. Levy then promptly replaced the medication. Id.
Knight claims that the Medical Defendants were careless and negligent in failing to disclose to him or warn him of any side effects prior to prescribing the medication. Id. Specifically, he asserts that medical staff should have provided a written disclosure to be acknowledged and signed by the inmate. Id. Knight avers that, had he been told of the possible adverse reaction, “this situation would have never occurred” and he would not have been placed in a “potentially life-threatening situation that caused mental anguish.” Id.
The second incident took place on April 14, 2020, when Knight discovered that the County Defendants “were violating the CDC regulation or rule for quarantine of all new intakes for 14 days or more.” Id. at 4. According to Knight, new intakes were being placed in general population in less than 14 days, at a time when inmates were not provided with personal protective equipment (“PPE”), and the wearing of a mask was deemed a Class 3 Offense punishable by loss of privileges or restrictive housing. Id. In particular, Knight refers to inmate Alexander Gryglik, who entered BCDC on April 3, 2020, and was transferred to general population on April 14, 2020. Id. Knight claims that although he brought his concerns to the attention of BCDC staff by submitting a grievance form, nothing changed. Id. at 4-5. Plaintiff asserts that the County Defendants willfully placed his life in danger and were deliberately indifferent to his health and well-being. Id. at 6.
Knight also claims that both the County Defendants and the Medical Defendants violated HIPAA and his “rights to confidentiality” by disclosing his medical information in the presence of correctional officers and other inmates. Id. at 5. Specifically, Knight avers that medical staff performed temperature checks in his cell or in the dayroom. Id.
According to the County Defendants, the CDC guidelines regarding COVID-19 were posted in all BCDC housing units on March 13, 2020. ECF 17-23 at 2. On March 19, 2020, a video about COVID-19 was played during each shift for BCDC inmates. Id. On March 25, 2020, BCDC building operations staff began spraying building ventilation systems on a weekly basis and changing air filters more frequently. ECF 17-10 at 1. The first order for masks was placed on March 27, 2020. ECF 17-23 at 2.
On April 4, 2020, all staff, contractual employees, and professional visitors entering the BCDC facility were required to have their temperature checked, and only those with temperatures below 100.4 were allowed entry. ECF 17-23 at 2. On April 8, 2020, spray bottles of disinfectant were placed in the housing units and inmate custodial closets. Id.; see also ECF 17-7. That same day, Director Watts sent an email directing all BCDC staff to discontinue the practice of wearing the same pair of gloves from one housing unit to another or from one task to the next. ECF 17-8; 17-23.
The first shipment of masks arrived at BCDC on April 9, 2020. ECF 17-23. Masks were issued to all staff, and anyone entering the facility was required to wear a mask. Id. In addition, inmate workers were required to pass a temperature check and were directed to wear masks while working. Id.
On April 10, 2020, the Baltimore County Health Department notified Director Watts that an inmate from Housing Unit 3P tested positive for COVID-19. ECF 17-9; Watts Aff., ECF 17-2, ¶ 22. According to Watts, this was the first confirmed case at BCDC. ECF 17-2, ¶ 23. Watts immediately sent an email to all BCDC correctional staff to relay the information. Id., ¶ 24. Included in Watts's email were her answers to questions and concerns from staff as well as instituted operational changes. ECF 17-9. On April 12, 2020, BCDC medical staff, accompanied by correctional officers, began rolling temperature checks for all BCDC inmates. ECF 17-23.
Administrative Captain Daniel Swain issued an email on April 13, 2020, detailing COVID-19 management steps for new inmates to be implemented at midnight. ECF 17-5. All new inmates were to be issued face masks upon admission and face masks were required to be worn at all times until the new inmate was removed from diagnostic status. Id., ¶ 1. Capt. Swain ordered new inmates to be housed in Housing Unit 4Q, which was placed on lockdown, with only one dorm permitted in the dayroom for exercise on a rotating basis. Id. Cleaning supplies were made available between dorm exercise periods, and inmates who exercised were directed to clean contact areas. Id. Once Housing Unit 4Q reached capacity, new inmates were to be housed in Housing Unit 3T, under the same restrictions and requirements. Id. All activities, including classification intake interviews, phone calls with counsel, and bail reviews were to take place in the housing unit utilizing the provided equipment. Id.
Capt. Swain prohibited inmate movement outside of any housing unit except for bail review or if medically necessary. Id., ¶ 2. Inmate worker movement was suspended; the staff dining room was closed; correctional staff were ordered to bring their own meals; food service staff, assisted by correctional staff, were to prepare all inmate meals; building operations staff were to perform laundry and loading dock duties; and floor officers were to place cleaning supplies in the housing units on each shift and remove trash. Id., ¶ 3.
The County Defendants do not dispute that Gryglik was admitted to BCDC on April 3, 2020, and was transferred to general population on April 14, 2020. See ECF 17-22. Upon learning that Gryglik was transferred on April 14, 2020, Knight filed a grievance regarding his concerns about the spread of COVID-19 within BCDC. ECF 17-20. Correctional staff investigated Knight's concerns, and on May 27, 2020, management analyst Stephen Verch responded to each of his inquiries. ECF 17-21. In pertinent part, Verch noted that the BCDC Administration was “working extremely hard to keep every inmate safe and prevent the COVID-19 virus from spreading throughout th[e] facility.” Id. at 2. After discussing in detail BCDC's efforts regarding ventilation, cleaning supplies, disposable gloves, inmate movement, and sick call protocol, Verch informed Knight that no further action would be taken regarding his grievance. Id.
On April 21, 2020, masks were issued to inmates housed in quarantined housing units. ECF 17-23 at 2. Correctional staff were provided with cloth masks on May 29, 2020. Id. And, on September 3, 2020, surgical face masks were issued to all BCDC inmates. Then, face shields were made available to correctional staff on September 8, 2020. Id. On September 15, 2020, cloth masks were provided to all inmates. Id.
Knight filed a second grievance on September 8, 2020, alleging that his medical information...
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