Beall v. Clifton T. Perkins Hospital Center et al
MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 2/2/2017. (c/m 2/2/2017 aos, Deputy Clerk)
IN THE UNITED STATES OISTRICT COURT
FOR THE DISTRICT OF MARYLAND
IHCHARD 1I0WAIW BEALL, ,JR.#13S01 *
Civil Action No. G.JlI-1 ('-3.BS
CLIFTON T. PERKINS HOSPITAL
CENTER, ef lIl.,
On Octobcr 13.2016.
Plainti IT Richard I Iaward Bcall. .Ir. filcd thc instant Complaint
pursuant to 42 U.S.c. ~ 19S3. alleging he was subjccted to excessive f()rcc in violation ofthc
The Court grantcd Bcall's Motion
on Octobcr 24. 2016 and dirccted him to supplcment
Leavc to Procccd
by stating: I) how cach
in the incidcnt allcgcd: 2) thc datc ofthc allcgcd incident: 3) what
physical harm. ifany hc suffered: and 4) whcthcr hc attcmptcd to rcsolve his conccrns through
rcmcdy (ARP) proccss and thc rcsults. Bcall filed supplements
on Octobcr 24 and Novcmbcr 2. 2016. ECF NO.4: ECF NO.5.
tilcd on Octobcr 24. 2016 is unresponsive
asks to namc additional dcfendants.
Novcmber 2. 2016 supplcmcnt
to thc Court's Ordcr. Bcall
including Prcsident BanIck Obama. but docs not allcgc how
in thc allcgcd exccssivc force incidcnt. Eel' NO.4. Bcall's
allcgcs that in May of 20 16. Dcfendant Macully uscd cxccssive
lorcc against him by putting a pen to his neck and pushing his head backward.
As relief. Beall asks lor $40 million in damages.
I(lr his immediate
ECF NO.5 at 3.1
release. lor cxpungement
his criminal history and I(lr "NATO troops to Ily in [and] take over the Departmcnt
Although a complaint
necd not contain detailed allegations.
enough to raise a right to relief above the speculative
couched as a lilCtual
lilcts to state a elaim to relief that is plausible on its lilce'" Id. at 570. Once a
in the complaint.
of what the plaintilrs
it may be supported
by showing any set of lilcts consistent
/d. at 561. The allegations
must "give the defendant
claim is and the grounds upon which it rests'" SlI'ierkiell'ic=
NA .. 534 U.S. 506. 512 (2002) (internal quotation
The il1.fill'll1(/ p(/uperis
statute permits an indigent litigant to initiate an action in federal
court without paying the filing Ice. 28U.S.C.
~ 1915(a). To protect against possible abuses of
the statute requires a court to dismiss any claim that fails to statc a claim upon
be granted. 28U.S.C.
litigant and accords his Complaint
DelCndant Macully. however.
by the defendant
in the allegcd violation.
The Court recognizes
Beall is a sell~
With the exception
lails to state a claim against Defendants.
In order lor liability to exist under 42 U.S.c.
level and require "more than labels and
Corp. \'. TlI'ol1lh~\,. 550 U.S. 544 555 (2007). The Complaint
claim has been stated adequately.
the lilcts alleged must be
as "courts are not bound to accept as true a legal conclusion
Ilealth [and] Hygiene'"
~ 1983. there must be personal
ViI1l1e(~~e \' (Jih"s.
550 F.2d 926. 928 (4th Cir. 1977):
Pin cites to documents tiled on the Court's electronic tiling system (eM/ECF) refer to the page numbers generated
by that system.
SI/'Oud, 13 F.3d 791. 799 (4th Cir. 1994): see also Ri::::o\'. Goode, 423 U.S. 362, 370-71
(1976). In thc Complaint
involvcd in the cxcessive
incidcnt. To thc extcnt Bcall namcs othcr Dcfendants
liability. and these Defendants
Bcall allcgcs only Dcfcndant
fail to satisfy thc requircments
are cntitled to dismissal
at 799. Furthcr. bccause it is sued under ~ 1983. Defcndant
will be dismissed
because it is not a "person"
Macully was pcrsonally
Irom suit. See Shall'. 13 F. 3d
Clition T. Perkins Hospital Center
subjcct to suit under 42 U.S.c.
~ 1983. See IVesl I'.
Alkim. 487 U.S. 42. 48 (1988): Clark \'. JIlt!. Dep'l of"J'uhlie Slife'.\, alld COlT. SelTices, 316 F.
279. 282 (4th Cir. 2009) (noting that "state departments
of the statc'" arc not amenable
upon which relief may bc grantcd against Dcfcndants
Valiric Grimcs. "Nursing
for failure to statc a claim
Clition T. Pcrkins Ilospital
(Larry) Hogan. "Nursing
Dr. Khalid Elsaycd. Dr. Sarnmccr
to suit under ~ 1983).
this case will bc dismisscd
Lewis. Director Robinson.
and agencies considered
Stafr 2 East:' Adam
Pate\. Paul Vinec. Inna Tallar,
Barack Obarna. "also known
Service shall proceed only on Defendant
and Mental Hygiene shallliJc
Court in deciding
Macully. Counsel /c)r the Department
days a rcport on Beall's mcntal health status to
of a guardian ad litem is necessary.
GEORGE J. HAZEL
UNITED STATES DISTRICT
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