Beall v. Macully, No. 8:2016cv03438 - Document 6 (D. Md. 2017)

Court Description: MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 2/2/2017. (c/m 2/2/2017 aos, Deputy Clerk)
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Beall v. Macully Doc. 6 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