Sutton v. Watts et al, No. 1:2022cv00673 - Document 31 (D. Md. 2023)

Court Description: MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 2/16/2023. (c/m 2/16/2023 ols, Deputy Clerk)

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Sutton v. Watts et al Doc. 31 UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND DOUGLAS SUTTON, Plaintiff, Civil Action No.PJM-22-0673 V. WARDEN GAIL WATTS,et al, Defendants. *** MEMORANDUM OPINION According to the Maryland Judiciary Case Search, in 2010 PlaintiffDouglas Sutton pled guilty to a charge of Robbery in the Circuit Court for Baltimore County. He was originally sentenced to 10 years incarceration at the Baltimore County Department of Corrections ("BCDC")followed by a probationary period of5 years.^ After serving time in custody (less than 10 years in view of suspended time), his five-year probationary term began. In 2021, Sutton was charged with a Violation ofProbation in the Baltimore County Criminal Court and apparently taken into custody where he has held until May 19, 2022, at which time the violation charge was dismissed and he was released from custody. However,on March 18, 2022- while Sutton was still being held on the violation of probation charge-he filed the present Complaint in this Court pursuant to 42 U.S.C. § 1983, alleging an unconstitutional denial of medical care and undue delay causing him unnecessary pain and suffering during his detention. ECF No. 1. He brings this action against BCDC Director Gail Watts and BCDC Officer S. Verch, as well as Primecare physician, Dr. Zowie 1 Under Maryland state law,"probation",in addition to being imposed in lieu of incarceration, also refers to a period of supervision following incarceration. See Md. Code Ann., Criminal Procedure Article § 6-225 (2021). In the latter sense, it is the equivalent of"supervised release" under the federal system. 18 U.S.C § 3583. Dockets.Justia.com

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