Battle v. Yutzy et al, No. 1:2022cv01064 - Document 28 (D. Md. 2023)
Court Description: MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 9/26/2023. (c/m 09/27/2023 - bw5s, Deputy Clerk)
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Battle v. Yutzy et al Doc. 28 Case 1:22-cv-01064-PJM Document 28 Filed 09/26/23 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND ZACHARY D.BATTLE, * Plaintiff, * V. * J. YUTZY,COII,e/a/., * Defendants. * Civil Action No.PJM-22-1064 MEMORANDUM OPINION Zachary D. Battle, who previously was incarcerated at North Branch Correctional Institution("NBCI")filed suit pursuant to 42 U.S.C.ยง 1983,alleging he was subjected to excessive force and denied medical care in violation of the Eighth Amendment to the United States Constitution and that Defendants failed to adequately train and supervise correctional staff in violation of the Fourteenth Amendment to the United States Constitution. ECF No. 1 at 8-10. He also brings state law negligence claims. Id. at 9. Battle names as Defendants Correctional Officer J. Yutzy, Correctional Officer A. Carr, Facility Administrative Remedy Procedure ("ARP") Coordinator, Warden Keith K. Arnold, and IID Investigator John/Jane Doe. ECF No. 1 at 3-4. Battle is seeking compensatory and punitive damages as well as declaratory and injunctive relief. ECF No. 1 at 12. Defendants Yutzy, Carr and Arnold moved to dismiss the claims or alternatively for summary judgment in their favor. ECF No. 14. Battle was advised of his right to respond to the motion. ECF No. 15. He moved for extension of time to respond to the dispositive motion and requested the appointment of counsel. ECF No. 16. On June 27, 2023, Battle's motion for extension oftime was granted and his motion to appoint counsel denied. ECF No. 17. The Court's Dockets.Justia.com Case 1:22-cv-01064-PJM Document 28 Filed 09/26/23 Page 2 of 11 Case 1:22-cv-01064-PJM Document 28 Filed 09/26/23 Page 3 of 11 Case 1:22-cv-01064-PJM Document 28 Filed 09/26/23 Page 4 of 11 Case 1:22-cv-01064-PJM Document 28 Filed 09/26/23 Page 5 of 11 Case 1:22-cv-01064-PJM Document 28 Filed 09/26/23 Page 6 of 11 Case 1:22-cv-01064-PJM Document 28 Filed 09/26/23 Page 7 of 11 Case 1:22-cv-01064-PJM Document 28 Filed 09/26/23 Page 8 of 11 Case 1:22-cv-01064-PJM Document 28 Filed 09/26/23 Page 9 of 11 Case 1:22-cv-01064-PJM Document 28 Filed 09/26/23 Page 10 of 11 Case 1:22-cv-01064-PJM Document 28 Filed 09/26/23 Page 11 of 11
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