Lattisaw, Jr. v. C.O. Ross et al
Filing
23
MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 9/21/2017. (c/m 9/21/2017 tds, Deputy Clerk)
,.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
Southern Division
..,. 1 b
.
lOll SEP 2 I
,"""'\ 10'
*
CHARLES WILLIAM
#444-499,
LATTISA W,.IR.
*
Plaintiff,
*
v.
*
CO. ERIC ROSS,'
CHARLES COUNTY SHERIFF TROY
BERRY,
CHARLES COUNTY DETENTION
CENTER DIRECTOR CAPTAIN RICE,
CHARLES COUNTY GOVERNMENT,
CHARLES COUNTY DETETION
CENTER,
Case No.: G."'-16-1258
(Consolidated with G.IH-16-2469)
*
*
*
*
*
Defendants.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
MEMORANDUM OPINION
I'laintilTCharles William Lattisaw. Jr" a prisoner eonlined at Jessup Correctional
Institution. has liled a sell~represented civil rights action pursuant to 42 U.S.c. ~ 19832 As
amended hy eonsolidation.-' the Complaint seeks $5 million in damages against Charles County
Detention Center ("Detention Center") Officer Eric Ross. Director Captain Rice. Charles County
Sheriff Troy Berry. and Charles County. Maryland.
I
The Clerk shall amend the docket to relleet the full and proper spelling of Defendants'
:! In addition
to claims brought under the Civil Rights statutc. the complaint
battery. and negligence .
names.
also contains state tort claims for assault.
.~ Lattisaw's first complaint. Civil Action No. GJII-16-1258. named Officer Ross and the Detention Center as
defendants. and alleged that on February 28. 2014. Ross turned ofTthe lights and \vater in the shower arca while
Lattisavy' was showering. leading to injury. ECF No. I. On June 29, 2016, Lattisaw filed a second civil action arising
from the same event. adding Berry. Ricc. and Charles County as defendants. That actioll. Lall;SOlI' 1'. Be,.,:\'. C!{ (// .•
Civil Action No. GJH.16-2.J69. was consolidated with Civil Action No. GJH-16-1258. ECF NO.8.
Pcnding is a Motion to Dismiss or. Alternatively. for Summary Judgment tiled on behalf
of Ross. Rice. Berry and Charlcs County.4 ECF No. 17. and Lattisaw's Responsc. Eel' No. 22.
No hearing is needed to resolve the issues raised. See Loe. R. 105.6 (D. Md. 2(16). For the
following reasons. Defendants' Motion will be granted.
I.
BACKGROUND
A.
Lattisaw's
Allegations'
Lattisaw e1aims that on February 28. 2014. he was "assaulted in various ways (physically.
sexually. verbally) by CO Ross:'
ECF NO.1 at 5." Lattisaw states that Ross turned the lights and
water on and offin the shower area. When Lattisaw stepped out of the shower to ask Ross to stop
playing with the controls. Ross "stuck up his middle linger" and laughed at him. !d Lattisaw
resumed his shower and Ross continued to turn the water and lights on and off. Lattisaw was
struck with "exceedingly hoC watcr that burncd his "back. neck and butt:' and as hc hurricd out
of the shower. he tripped and fell in Ii'ont 01'''15-20 other inmates" who frightcncd him by
making "scxual remarks" toward him. Id. Lattisaw contends Ross's conduct constitutes "abusc
and negligcnce:' and that Ross ignored his rcquests for medical treatment and left Lattisaw on
the floor in pain. !d at 6. Lattisaw states another officer heard his crics for help and escort cd him
to the medical area. !d Lattisawasked
Sgt. Irby to review the security camera to verify the
incident. which was witnessed by other inmates. !d Lattisaw e1aims he continues to sulkr
"[dlepression. anxiety. nightmares. fear and emotional [inlstability" because of the incident. !d
~ The Detention Center \\'as dismissed on preliminary rcvic\\'. as it was not a "person"' amenable to suit under 42
U.S.c. ~ 1983. ECF NO.3.
~ Unless othenvise stated. the facts
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?