Enow v. Foxwell, No. 8:2017cv01912 - Document 18 (D. Md. 2018)
Court Description: MEMORANDUM OPINION. Signed by Judge Paul W. Grimm on 7/23/2018. (Attachments: # 1 Attachment)(c/m 07/23/2018 - jf3s, Deputy Clerk)
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Defendant(s) Date Filed Claims Resolution 15-2597 Mont. Cnty DOC 9/1/15 Failure to protect from assault by inmate Dism 15-2598 State’s Att. Mont Cnty 9/1/15 Entrapment, Prosecutorial misconduct Dism 15-2602 State Court Judge Salant 9/2/15 Malicious Prosecution Dism 15-2603 Mont Cnty Police Dept. 9/2/15 Illegal Search Dism 15-2607 Mont Cnty Police Dept 10/6/15 Undercover officer viol. Constit rights Dism 15-3004 Warden 10/2/15 FOIA claim against Court; warned of pre-filing Dism w prej 1st injunctions Strike; 15-3176 State Court Judge Salant 10/19/15 15-3177 Mont Cnty Corr. Defs 10/19/15 Constit Violations in conducting Crim Proceeding; defamation Failure to Protect, Inadeq medical care at MCCF; Enow v. Foxwell Case §1983 Cases Dism w prej 2nd Strike Dism. w prej for failure to exhaust adm. Remedies Doc. 18 Att. 1 Dockets.Justia.com Appeal Enow v. Green, 4th Cir. No. 176517,Dismissed under Rule 45 for failure to pay filing fee after Enow was denied PLRA IFP . 15-3348 Asst. State’s Attys 16-0615 MCI-H Correctional Staff, 3/1/16 Richard Dovey, MCI-H Warden, Lt. Ian Bryant, Lt. Charles Butts, Sgt. John Colliflower, Lt. Kellar Covington, Acting Lt. Michael Cunningham, Sgt. Sydney Jackson, CO II Christopher Petrie, Lt. Steven Thomas, and Captain James Younker Dr. Baucum (DPSCS 10/26/2016 Director of Clinical Service); Wexford; Dr. Oteyza; Mr. Kuda, Dir. of Corr. Transp. Unit; John Doe, Van Driver 16-3553 16-3554 10/30/15 Warden Green and more than 10/26/2016 a dozen COs at ECI, including Blake, West, Clayton, Ryan, Hadesty Deliberate indifference to health and safety; Dism w prej defamation Strike 3rd Failure to protect by knowingly celling with Medical & prop. dangerous inmates * claims dism lack Failure to provide medical treatment of exhaustion Failure to intervene to stop an assault Defs’ MSJ Directed another inmate to assault him Granted. Failure to aid because Enow was suing the state prosecutor and judge who convicted him Appeal Theft of personal property Enow v. Dovey, No.17-6819 Dismissed under Rule 45. Deliberate indifference to medical needs, Dismissed w/o excessive force: prejudice as threestriker, no Not given follow-up treatment for eye injury imminent danger (partially blind in right eye following January 2015 attack by another inmate) despite ophthalmologist recommendation in March 2015; received inadequate treatment by Oteyza after suffering injuries when attacked by inmate in Nov. 2015; Ryan Feb. 2016 incident;i Blake April 2016 incident;ii denied psychotropic meds and pain killers for four days while in transit Excessive force, due process violations: Dismissed w/o prejudice as threeDenied due process at two disciplinary hearings striker, no after hearing officer refused Enow’s request for imminent danger video recordings; Blake April 2016 incident; criminal charges brought against Enow for false 16-3917 Wardens Green (ECI), 12/1/2016 Armstead (Patuxent), and Dovey (MCI-H); Numerous COs, including Officers Blake, West, Clayton, Ryan, Hadesty, Lee, Warren, Christopher, Elliot, Knight, Lee 16-4042 Baucum & Oteyza (see 16- 12/19/2016 3553); Warden Green, Wexford 17-341 Warden Wolfe, Officers 1/26/2017 Blake, West, Clayton, Ryan, Hadesty, Warren, Christopher, Hall, Elliot, Knight, Lee, Muir claims of assault based on his allegations re: Blake April 2016 incident, these charges were later dismissed; conspiracy between guards at ECI and MCI-H to have Enow hurt/murdered in retaliation for filing Dovey case Excessive force, deliberate indifference, Dismissed w/o conditions of confinement prejudice as threestriker, no Left in transit van for 20 minutes without air imminent danger conditioning on July 28, 2016; Ryan Feb. 2016 incident; Blake 2016 incident; placed in admin segregation at MCI-H (no harm alleged); claims that conditions at ECI include inadequate ventilation, mold, fungus, vermin; alleges food poisoning Deliberate indifference to medical needs: Summary Judgment entered Reiterating problems with eye treatment (see 16- in favor of Dr. 3553); inadequate treatment re: concussion Oteyza and the following Nov. 2015 attack by another inmate State Defendants Excessive force, failure to protect, deliberate TRO denied. indifference to abuse and physical attacks from Defendants’ other inmates; also claims violations of ADA, Motion to Dismiss Rehabilitation Act, PAMII Act (deals with granted. Plaintiff’s mental health, no private right of action) claims dismissed w/o prejudice for Ryan Feb. 2016 incident; Blake 2016 incident; lack of exhaustion Christopher, Hall, Lee deliberately indifferent to other inmates throwing urine and feces at him; Muir failed to respond to grievances; Elliot, Knight, and Lee have placed him in dangerous housing assignments over Enow’s objections 17-841 Armstrong & Cheris 3/27/2017 (Enow’s criminal attorneys) 17-850 Warden Foxwell, Dr. Reeves 3/29/2017 (ECI Psychiatrist); DOC Officers Daugherty, Warren, Hall, Has also constantly filed supplements to complaint in which he informs the court of things that have happened to him (e.g., inmate attacks, prison discipline, etc.) since filing the complaint; usually filed at the same time that he files admin grievance (i.e., as not exhausted these claims). Malpractice, defamation, fraud, other civil actions. Purports to be brought under 1983, Sixth/Fourteenth Amendments, ADA, Maryland Constitution, etc., even though he’s suing private parties Deliberate indifference to medical needs; conditions of confinement; excessive force Recounts several times in 2015 and 2016 in which he was denied his psychotropic medication (see 16-3553; none of the incidents happened at ECI, where he was housed at the time he filed this action) Placed in punitive segregation for refusing to be housed with Inmate Kevin Langley, who Enow says threatened him; while in admin; later placed in punitive segregation for 280 days Dismissed w/o prejudice as threestriker, no imminent danger Foxwell MSJ granted. Reeves’ MSJ denied without prejudice to renewal within 40 days. Process for future lawsuits based on 28 U.S.C. §1915(g) imminent danger exception in order. While in segregation, Reeves discontinued psych meds; Enow was denied mattress, heat, etc. He suffered various pains and numbness. Enow says there’s inadequate ventilation and alleges various respiratory issues 17-2312 ECI Correctional Warden Foxwell, Staff, Asst. Wants injunction for PC placement based on TRO prior assaults against him. Alleges he is imperiled Assault, denied. pattern WardenWest, Lt. Elliott, Muir, (case mgr.), Knight (case mgr). because he is considered a government snitch by of retaliation, and prison gang members. Failure to protect. failure to protect due to snitch label Deliberate indifference to safety . and filing civil rights suits claims to proceed for service. Claims 19 dismissed w/o prejudice to refiling with fee. Process for future lawsuits based on §1915(g) imminent danger exception in order Detective Carin, Judge 3/21/2016 Salant (Trial Judge); Warden Green; State of Maryland Warden Wolf 1/6/2017 [Largely irrelevant, since unexhausted] Habeas 16-848 17-0050 17-1912 Warden Foxwell; State of 7/5/2017 Maryland Dismissed w/o prejudice for failure to exhaust [Largely irrelevant, since unexhausted] Dismissed w/o prejudice for failure to exhaust Involuntary and unintelligent guilty plea; speedy Dismissed with trial violation; illegal/excessive sentence; prejudice on the indictment failed to charge offense; “illegal merits. jurisdiction”; illegal wiretapping during investigation; ineffective assistance of counsel caused him to plead guilty Example of excessive filing: Enow’s reply brief is 44 pages and has 119 page attachment i ii Ryan Feb. 2016 incident: claims Ryan and Hadesty assaulted him and placed him overnight in cell w/o mattress, blankets, or heat, and with open windows Blake April 2016 incident: claims Blake, Clayton, West assaulted him while he was on his way to adjustment hearing; says he did not receive medical evaluation after attack
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