Colonel Preston Long III v. Andrew Moultrie, et al.

Summary

The United States District Court for the District of Maryland dismisses without prejudice a pro se prisoner’s 42 U.S.C. § 1983 claims alleging deliberate indifference to serious medical needs in violation of the Eighth Amendment. The court concludes that the allegations against the named medical defendants do not plausibly establish subjective recklessness or disregard of necessary medical care. The court also denies the plaintiff’s motions to appoint counsel and to collect or test evidence.

Holdings

1. Long failed to plausibly allege that Knoll or Shade deliberately disregarded a serious medical need. His allegations showed, at most, insensitive treatment, an unhelpful referral, or an unexplained failure to provide emergency care, without facts establishing reckless disregard.
2. Long failed to plausibly allege deliberate indifference by Dr. Moultrie, Alenda, Fayall, or Dr. Djahanmir.
3. The claims against Doe, Dr. Chifron, Medical Director Michelle, and Dr. Rhozia failed to state claims for deliberate indifference and were dismissed without prejudice.
4. The motion to collect or test evidence was denied because the requested evidence concerned alleged physical or sexual assaults by correctional officers, matters outside the medical-care allegations in the operative complaint.
5. Appointment of counsel was denied because Long did not demonstrate exceptional circumstances.

Questions Presented

1. Whether Long plausibly stated an Eighth Amendment deliberate-indifference claim under 42 U.S.C. § 1983 against the named prison medical personnel.
2. Whether the allegations against the unserved defendants Doe, Dr. Chifron, Medical Director Michelle, and Dr. Rhozia stated claims subject to screening under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A.
3. Whether Long's motion to collect or test evidence should be granted when the requested evidence concerned alleged assaults not included in the operative complaint.
4. Whether exceptional circumstances warranted appointment of counsel.

Disposition

dismissed