Thompson v. Opoku

• Decision Date: 28 February 2020
• Docket Number: Civil Action No.: ELH-18-1022
• Parties: TERRY THOMPSON, Plaintiff, v. CPL. C. OPOKU, CPL. A. HAYNES, CPL. D. GARNETT, CPL. T. RENE, CPL. D. MORGAN, CPL. K. MOORE, SGT. D. GADSON, CPL. JACKSON, CPL. LEWIS, CPL. STANBACK, Defendants.
• Court: U.S. District Court — District of Maryland

TERRY THOMPSON, Plaintiff, v. CPL. C. OPOKU, CPL. A. HAYNES, CPL. D. GARNETT, CPL. T. RENE, CPL. D. MORGAN, CPL. K. MOORE,SGT. D. GADSON, CPL. JACKSON, CPL. LEWIS, CPL. STANBACK, Defendants.

Civil Action No.: ELH-18-1022

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

February 28, 2020

MEMORANDUM OPINION

Terry Thompson, the self-represented plaintiff, is a Maryland prisoner confined at the Maryland Correctional Training Center ("MCTC"). He filed suit under 42 U.S.C. § 1983 against a host of defendants: Charles Opoku, Aisha Haynes, Derrick Garnett, Tylicia René,¹ Daniel Morgan, Kurt Moore, Dean Gadson, Andrew Jackson, William Lewis, and Stephen Standback, employees of the Prince George's County Detention Center ("PGCDC") (collectively, the "Correctional Defendants"), as well as Saba Asrat and Corizon, Inc. ("Corizon") (collectively, the"Medical Defendants"). ECF 1.² Plaintiff alleges that on September 28 and September 29, 2015, while he was a pretrial detainee at PGCDC, he was assaulted by the Correctional Defendants. Further, he complains that the Medical Defendants deprived him of constitutionally adequate medical care for the resulting injuries. ECF 1.

The Medical Defendants previously moved to dismiss or, in the alternative, for summary judgment. ECF 20. By Memorandum Opinion (ECF 39) and Order (ECF 40) of May 14, 2019, I granted summary judgment in favor of Corizon and Asrat with respect to plaintiff's claim regarding his post-assault medical care. ECF 39; ECF 40.

Defendants Opoku, Haynes, Garnett, T. René, Morgan, Moore, Gadson, Jackson, Cpl. Lewis, and Stanback have moved to dismiss or, in the alternative, for summary judgment with respect to plaintiff's excessive force claim. ECF 50. The motion is supported by a memorandum (ECF 50-1) (collectively, the "Motion") and 26 exhibits, totaling over 450 pages, and including two videos.

Curiously, the Correctional Defendants do not address the assaults that allegedly occurred on September 29, 2015. Rather, they focus solely on the cell extraction performed by the Emergency Response Team ("ERT") on September 28, 2015. That team appears to have consisted of Officer Chandler Hines, Sergeant Gadson, Officer Garnett, Officer Morgan, Officer Moore, and Officer J. René. ECF 50-1 at 4.³ Thompson opposes the Motion (ECF 54; ECF 60), and has submitted exhibits. Defendants have replied. ECF 58.

No hearing is necessary to resolve the Motion. See Local Rule 105.6. For the reasons that follow, I shall grant the Motion in part and deny it in part. Plaintiff will be granted 28 days to file a motion for appointment of counsel.

I. Factual Background

A.

In addressing the motion previously submitted by the Medical Defendants, I summarized some of the pertinent facts. See ECF 39 at 2-4. I shall restate that summary here, and then supplement it, as necessary.

Plaintiff was 23 years old at the relevant time. ECF 26-2 at 36. He alleges that on September 28, 2015, while housed at the Prince George's County Detention Center, he asked correctional officer Opoku for a pencil, but Opoku signaled him to "'go away.'" ECF 1 at 7. Plaintiff next asked officer Best for a pencil, but Opoku prevented Best from providing the pencil and again told plaintiff to "'go away'" and directed plaintiff to return to his cell. Id. As plaintiff walked away, Opoku followed him and the two exchanged words. Id. Opoku raised his left arm, hitting plaintiff's shoulder with his hand. Id. Plaintiff reacted by striking Opoku in the face with a closed fist, knocking him unconscious. Id.

Officer Haynes pushed plaintiff into his cell and stated, "'now they are about to come fuck you up.'" Id. Haynes left and then within one minute an emergency response team ("E.R.T.") came to plaintiff's cell. Id. Plaintiff "stuck his hands out of the slot" in order to be handcuffed, but he was directed by an officer to "get on the ground." Id. Plaintiff responded that he would come out of the cell and get on the ground. Id. An unidentified officer then lifted his mace in an attempt to spray plaintiff. Id. Plaintiff backed away from the cell door, which then opened, and plaintiff, who had been talking to his cellmate, "balled up to protect his face . . . ." Id. The officers then entered his cell and stomped, kicked, punched, and maced him. Id. at 7-8. Plaintiff states that the officers continued to "beat" him even after he was handcuffed, and also maced him. Id. at 8.

After the altercation, plaintiff was escorted to the medical unit by staff and seen by Nurse Saba Asrat. Id. Plaintiff advised Asrat that his "face and back hurts like hell" but Asrat said he was "'ok'" and he was placed in the medical unit holding cell. Id. Plaintiff states that he was bleeding and in "very bad shape." ECF 26 at 8. Because it was the change of shift, plaintiff was placed in an isolation cell in the medical unit. ECF 1 at 8. Later that evening, plaintiff went to the glass at his cell and sought help from an unidentified nurse, tellingher that he believed something was broken and he needed x-rays. ECF 26-3, ¶ 10. She responded that it was late and that she would need to call the doctor. Id.

Later that day, when a correctional officer sought to have plaintiff moved to housing unit H-5, solitary confinement, he was seen by another nurse who was responsible for clearing him for the move. ECF 1 at 8. Plaintiff threatened to kill himself and the nurse instructed the officers to place him back into the medical isolation cell, where he was put on suicide watch. Id. Due to plaintiff's threats of self harm, plaintiff was seen by Dr. Hernandez. ECF 26-1, ¶ 11. He advised Hernandez that he was afraid of the E.R.T. officers who had threatened him, telling him they were not done with him. Id. Plaintiff also told Hernandez that he needed medical attention because his face and back hurt badly. Id. Hernandez indicated he would relay the information to medical staff. Id.

Plaintiff alleges that on September 29, 2015, while being escorted by Officer Jackson, he was placed "under a camera" and assaulted by Officers Jackson, Lewis and Standback. ECF 1 at 8. After the assault, further along in his escort, Jackson again placed plaintiff "under a camera" and assaulted him again. Id.

On October 1, 2015, plaintiff was seen by a nurse and doctor. Id. at 9. He reported face, jaw, and back pain. Id. X rays were ordered. Id. Plaintiff was transported to the emergency room that evening. Plaintiff advised emergency room personnel that he was in an altercation two days earlier, although the hospital record also says that the pain began four days earlier. ECF 26-2 at 35. The emergency room notes reflect that plaintiff offered no complaints, except pain to his lower neck. Id. at 36.

Examination of plaintiff's head, eyes, and nose were all normal, with a note that the head was atraumatic. Id. at 37. Tenderness was observed over plaintiff's back. Id. He was prescribed Percocet for pain relief. Id.

Plaintiff had a "primary diagnosis" of "spinous process fracture of C7 and T1 after assault" and received a prescription for Ibuprofen. Id. at 36. The "Doctors Notes" stated, id.: "Not an unstable fracture, pain controlled and no neuro deficits or risk of further injury. Patient can wear collar for comfort and f/u with NSGY (Amini). Pain control as well." Id. Similarly, the discharge notes indicated a "stable fracture, but can be painful." Id. at 40. And, the discharge notes further reflect that plaintiff had facial swelling and pain. Id.

A CT scan indicated that, in addition to the fractures at C7 and T1, "There is bilateral nasal bone fractures. There is an old left orbital wall fracture" Id. at 40.

Mr. Opoku was hospitalized for several days. ECF 50-10 at 21. He suffered a subdural hematoma and a fractured skull. Id. at 22. As noted, plaintiff also claims that he suffered serious injuries due to the assaults on him.

On October 1, 2015, the PGCDC initiated an investigation of the incident involving the alleged attack on Thompson by the correctional officers. The investigation began after Captain Gregory Smith received notice that plaintiff had sustained an injury. ECF 50-4 at 31. Lieutenant William Rorls, who is employed by the Prince George's County Department of Corrections, assigned to the Office of Professional Responsibility and Legal Affairs, interviewed "all the witnesses." ECF 50-4 at 2-4 (Declaration of William Rorls). At the conclusion of the investigation, he determined that the force used against Thompson was reasonable. ECF 50-4 at 3, ¶ 14.

Officer Dennis Best told Rorls during his interview that while plaintiff was at the Officer's Station, he began to yell at Opoku and then refused to go to his cell. ECF 50-4 at 41. Opoku and Haynes escorted plaintiff upstairs, where his cell was located. Id. Once they reached the top of the stairs, plaintiff struck Opoku twice in the face with a closed fist. Id. at 42. According to Best, as well as Officer Haynes, plaintiff had not presented any problems with any officers prior to this incident. Id.; see also id. at 35 (interview notes for Aeisha Haynes).

The members of the ERT claimed that they entered plaintiff's cell after he refused to comply with orders to step away from the door, get down on his knees, and put his hands behind his back. ECF 50-4 at 32-34, 37-38 (witness statements by Hines, J. René, Moore, Garnett, and Gadson).

Corporal Jules René recalled that he responded to a Signal 13 call (i.e., a distress call) on September 28, 2015, and saw Corporal Opoku "lying by the steps on the second floor . . . ." ECF 50-4 at 33. He did not witness the altercation between Thompson and Opoku, however. Id.

J. René was the first officer to enter plaintiff's cell (ECF 50-21 at 7, lines 96-97). He admitted in his undated Affidavit that he delivered several blows to plaintiff. See id. at 3, ¶¶ 8, 9. He claimed that he used "knee strikes and punches to restore order" and "to get [Thompson] to comply with . . . orders so that he could be handcuffed." I...