Beall v. Clifton T. Perkins Hospital Center et al

Filing 6

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
Soll111em IJh'isiol/

IHCHARD 1I0WAIW BEALL, ,JR.#13S01 *
Plaintiff,

*

v.

Civil Action No. G.JlI-1 ('-3.BS

*
CLIFTON T. PERKINS HOSPITAL
CENTER, ef lIl.,

*
*

Defendants.

*
*

*

*

*

*

*

*

*

*

*

*

*

*

*

MEMORANDUM OJ'INION
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
Eighth Amcndment.

The Court grantcd Bcall's Motion

on Octobcr 24. 2016 and dirccted him to supplcment
Dcfcndant participatcd

l(lI'

Leavc to Procccd

his Complaint

inf;)J'Jllll

(llIul}('ri.l'

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
thc administrativc
Complaint

rcmcdy (ARP) proccss and thc rcsults. Bcall filed supplements

to thc

on Octobcr 24 and Novcmbcr 2. 2016. ECF NO.4: ECF NO.5.

The supplemcnt

tilcd on Octobcr 24. 2016 is unresponsive

asks to namc additional dcfendants.
thcsc individuals

participated

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

DISCUSSION

Although a complaint

necd not contain detailed allegations.

enough to raise a right to relief above the speculative
conelusions'"
allegation."

Bell AI/(//1/ic

the allegations

couched as a lilCtual
must

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

with

lair notice

\'. Sorel1l(/.

marks omitted).

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

which rcliefmay

be granted. 28U.S.C.

~ 1915(e)(2)(B)(ii).

litigant and accords his Complaint

DelCndant Macully. however.

the Complaint

by the defendant

in the allegcd violation.

The Court recognizes

liberal construction.

Beall is a sell~

With the exception

of

lails to state a claim against Defendants.

In order lor liability to exist under 42 U.S.c.

1

level and require "more than labels and

Corp. \'. TlI'ol1lh~\,. 550 U.S. 544 555 (2007). The Complaint

claim has been stated adequately.

represented

the lilcts alleged must be

as "courts are not bound to accept as true a legal conclusion

contain "enough

this privilege.

of Mcntal

Id.

Ilealth [and] Hygiene'"
I.

of

~ 1983. there must be personal

ViI1l1e(~~e \' (Jih"s.

involvement

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.

2

Shull'

I'.

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

and supplcmcnt.

involvcd in the cxcessive

IC)I'Ce
incidcnt. To thc extcnt Bcall namcs othcr Dcfendants

their supervisory
supervisory

authority.

the allcgations

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
bascd on

Ic)r establishing

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.
App'x.

279. 282 (4th Cir. 2009) (noting that "state departments

'ann[s]

of the statc'" arc not amenable
Accordingly.

without prcjudicc

upon which relief may bc grantcd against Dcfcndants

Hockcr. "Sccurity

StafC

Valiric Grimcs. "Nursing

Governor

Lawrcnce

"Security

for failure to statc a claim

Clition T. Pcrkins Ilospital

(Larry) Hogan. "Nursing

Dr. Khalid Elsaycd. Dr. Sarnmccr
StafC

to be

to suit under ~ 1983).

this case will bc dismisscd

Lewis. Director Robinson.

and agencies considered

Officcrs:'

Center. Tom

Stafr 2 East:' Adam

Pate\. Paul Vinec. Inna Tallar,

and Prcsident

Barack Obarna. "also known

as Ike:'
Service shall proceed only on Defendant
and Mental Hygiene shallliJc
assistthc

Court in deciding

Macully. Counsel /c)r the Department

within twenty-eight

of Ilcalth

days a rcport on Beall's mcntal health status to

whcthcr appointmcnt

of a guardian ad litem is necessary.

A separate

Order !c)lIows.

~/?-

1/L~/2tJn
Date

GEORGE J. HAZEL
UNITED STATES DISTRICT

3

JUDGE