Stultz v. Doe et al
MEMORANDUM. Signed by Judge Paul W. Grimm on 2/23/2016. (c/m)(hmls, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
JOHN DAVID STULTZ, #273-205, 1171556:
CIVIL ACTION NO. PWG-16-255
DOCTOR JOHN DOE
DOCTOR MABOOB ASHRAF
WEXFORD HEALTH SOURCES, INC.
John David Stultz has filed a civil rights complaint under 42 U.S.C.
injunctive relief and money damages against Wexford Health Sources, Inc. ("Wexford") and two
of its employees, only one of which is identified.
Stultz, a self-represented prisoner housed at
the North Branch Correctional Institution in Cumberland, Maryland ("NBCI"), alleges that
medical personnel are not providing treatment for a serious eye condition. (ECF No.1).
Motion for Leave to Proceed In Forma Pauperis (ECF No.2)
will be provisionally granted
pending computation of his initial partial filing fee pursuant to 28 U.S.C.
reasons set forth herein, his civil rights claim under the Eighth Amendment shall proceed solely
against Doctor Maboob Ashraf.
1983, liability is imposed on "any person who shall subject, or cause to be
subjected, any person ...
to the deprivation of any rights ...." 42 U.S.C.
corporation is not liable under
1983. "[A] private
1983 for torts committed by [its employees] when such liability
is predicated solely upon a theory of respondeat superior." See Austin v. Paramount Parks, Inc.,
195 F.3d 715, 727-28 (4th Cir. 1999); Powell v. Shopco Laurel Co., 678 F.2d 504, 506 (4th Cir.
1982); Clark v. Maryland Dep't of Public Safety & Corr. Servs., 316 Fed. App'x 279, 282 (4th
Dr. John Doe and Doctor Maboob Ashraf are "persons"
who may be held
responsible for injury under the civil rights statute; Wexford, a corporation, may not, on the
claims asserted here. Wexford shall be dismissed from this action.
This case shall proceed against Defendant Ashraf alleging a failure to provide adequate
and appropriate medical care in violation of the Eighth Amendment.
John Doe, he, too, may become a defendant in this case.
Should Stultz identify Dr.
ate Order shall be entered in
accordance with this Memorandum.
o J,tj 1(,
Paul W. Grimm
United States District Judge
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