PAUL W. GRIMM, District Judge.
Plaintiff Tylane Lorenzo Landy ("Landy"), a former prisoner at the Charles County Detention Center ("CCDC"), filed a self-represented 42 U.S.C. § 1983 civil rights complaint for $25,000.00 in damages against defendants. He alleges that at approximately 7:40 p.m. on the night of December 14, 2013, he was placed on a suicide watch at the CCDC and was handcuffed to a metal bench for two days.
Defendants filed a motion to dismiss, or in the alternative, motion for summary judgment, which Landy has opposed, and to which Defendants have filed a reply. ECF Nos. 16, 18 & 19. Defendants' motion, treated as one for summary judgment, shall be granted without oral hearing. See Local Rule 105.6 (D. Md. 2014).
Because matters outside the pleadings will be considered, Defendants' motion shall be treated as a motion for summary judgment. Summary judgment is proper when the moving party demonstrates, through "particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations . . . admissions, interrogatory answers, or other materials," that "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a), (c)(1)(A); see Baldwin v. City of Greensboro, 714 F.3d 828, 833 (4th Cir. 2013). If the party seeking summary judgment demonstrates that there is no evidence to support the nonmoving party's case, the burden shifts to the nonmoving party to identify evidence that shows that a genuine dispute exists as to material facts. See Celotex v. Catrett, 477 U.S. 317 (1986). The existence of only a "scintilla of evidence" is not enough to defeat a motion for summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52 (1986). Instead, the evidentiary materials submitted must show facts from which the finder of fact reasonably could find for the party opposing summary judgment. Id.
This Court reviews the facts and all reasonable inferences in the light most favorable to the nonmoving party, see Scott v. Harris, 550 U.S. 372, 378 (2007); Erickson v. Pardus, 551 U.S. 89, 94 (2007), and liberally construes Landy's pleadings in light of the fact that he is self-represented, see Gordon v. Leek, 574 F.2d 1147, 1151 (4th Cir. 1978). In his unverified complaint, Landy claims that he was subject to excessive force and denied medical treatment while detained at CCDC.
On May 3, 2013, Landy was charged with robbery, first-degree assault and use of a firearm in the commission of a crime of violence and detained at the CCDC. Inmate File 2-3, ECF No. 16-3. On May 15, 2013, Landy, who was housed alone in a cell, was found to be in possession of thirty-one baggies of suspected cocaine. Id. at 10-12. He was charged with possession of a controlled dangerous substance with the intent to distribute, possession of contraband in a place of confinement, and related charges. Id.
On Saturday, December 14, 2013, at approximately 7:40 p.m., Landy, who was housed in the D-M Section of CCDC, began to act erratically, including making statements of suicidal intent. Id. at 22 (Roberson Incident Report).
Landy continued to yell that he wanted to kill himself. Id. at 23. Roberson took control of Landy's feet, as he was kicking wildly the entire time. Id. Officer Becker arrived and grabbed Landy's legs and feet. Id. at 26. Landy was placed in an Emergency Restraint Belt by Officers Isenberg, Pickle and Horrell and his legs were shackled by Officer Samuel Norris, who double-locked the shackles and checked them for tightness. Id. at 24, 27. Landy was carried out of the Unit by Officers Gregory, Norris, Isenberg and Pickle and was taken to the CCDC Behavioral Adjustment Unit ("BAU"), where he was secured to a metal bench. Id. at 24-28. He was immediately examined by Medic Fatu Turay. Id. at 23.
Landy was placed on a suicide watch, to be observed every 15 minutes. Inmate File 15. "Landy was secured to the bench in the B.A.U. because [CCDC] has only one suicide cell which is located in the Medical Unit," and is only available to the first inmate placed on suicide watch. Craig Aff. ¶ 3. A prisoner secured on the bench will remain so assigned until the cell in the Medical Unit is available. Id. The mental health staff is responsible for deciding when a prisoner on suicide watch is released from such an assignment. Id. Landy remained on the bench until he was cleared from suicide watch by mental health staff because the suicide cell number became available. Id. ¶ 4.
On December 15, 2013, at 12:01 a.m., three officers entered the BAU and removed Landy from the bench. Inmate File 29 (Martin Incident Report). He was taken to the bathroom, where he relieved himself, and was then escorted to the shower area where a strip search was performed. Id. Landy was then placed in a Suicide Wrap and taken back to the BAU bench at which time he was resecured to the bench, and was provided with a mattress and blanket. Id.
While performing a count in the BAU on December 15, 2013, Officer Matthew Irby was informed by Landy that he had injuries from his attempt to harm himself and his resistance to officers who restrained him the previous night. Inmate File 30 (Irby Incident Report). Irby contacted medical staff and escorted Medic Fatu to the BAU bench. Id. Fatu observed minor bruising on both of Landy's wrists, but no swelling. Id. She found this to be consistent with the area of handcuffing. Id. Further examination showed a scrape on his right knee, which had not completely scabbed over. The injuries were photographed by Irby. ECF No. 16-7. Fatu indicated that as there was nothing serious, she would perform any wound care at a later time on her shift. Landy remained secured to the BAU bench on suicide watch and was moved from the bench when a Medical Cell I became available. Inmate File 30.
On December 16, 2013, Landy was seen by Mental Health staff. As a result of the interview, Landy's observation level was reduced from 15 minutes to 30 minutes. Inmate File 16. Landy remained on the suicide bench for approximately 41 hours, beginning with the underlying event until he was cleared from suicide watch on Monday, December 16, 2013, at approximately 12:43 p.m.
In his opposition, Landy states that he was placed on a suicide watch for two days during which time he was handcuffed to a metal bench. He states that he experienced pain and swelling to his wrist and the loss of feeling in his thumb and finger. Pl.'s Opp'n 2.
Defendants argue that Landy has failed to demonstrate that they applied excessive force or denied him medical treatment. As interpreted under the Constitution, pretrial detainees such as Landy cannot be punished at all, much less "maliciously and sadistically." Graham v. Connor, 490 U.S. 386, 395 n.10, 398 n.11 (1989); see Ingraham v. Wright, 430 U.S. 651, 671 n. 40 (1977). To prevail on his claim, Landy must establish that the force applied by Defendants was objectively unreasonable in order to demonstrate that it was excessive in violation of the Fourteenth Amendment's Due Process Clause. Kingsley v. Hendrickson, 135 S.Ct. 2466, 2473 (2015). To prevail on an excessive force claim under the Fourteenth Amendment, a plaintiff must prove "`that Defendants inflicted unnecessary and wanton pain and suffering' upon the detainee." Carr v. Deeds, 453 F.3d 593, 605 (4th Cir. 2006) (quoting Taylor v. McDuffie, 155 F.3d 479, 483 (4th Cir.1998) (both abrogated on other grounds as stated in Sawyer v. Asbury, 537 F. App'x 283, 290 (4th Cir. 2013))). "The proper inquiry is whether the force applied was in a good faith effort to maintain or restore discipline or maliciously and sadistically for the very purpose of causing harm." Id. (quoting Taylor, 155 F.3d at 483). A plaintiff is no longer required to demonstrate that his injuries are not de minimis. Wilkins v. Gaddy, 559 U.S. 34, 38-39 (2010). When determining whether an officer's actions violated due process, a court must consider "the need for the application of force, the relationship between the need and the amount of force used, the extent of the injury inflicted, and whether the force was applied in a good faith effort to maintain and restore discipline or maliciously and sadistically for the very purpose of causing harm." Orem v. Rephann, 523 F.3d 442, 446 (4th Cir. 2008), abrogated on other grounds as stated in Sawyer, 537 F. App'x at 290.
A detainee's medical claim also arises under the Fourteenth Amendment's Due Process Clause. There is no practical difference, however, between the due process standard and the Eighth Amendment protection standard, both of which consider whether the plaintiff established "deliberate indifference" on the part of the defendants to his "serious medical needs." See Martin v. Gentile, 849 F.2d 863, 871 (4th Cir. 1988). To establish a claim of this nature, Landy must satisfy two requirements. First, he must satisfy the "objective component" by illustrating a serious medical need.
The evidence presented to the Court show that the degree and nature of force employed by Defendants was reasonable given their response to a prisoner who was attempting to harm himself and who repeatedly threatened to take his own life. Further, Landy was remotely observed by officers and repeatedly assessed and examined by medical staff while in the BAU. Any injuries he experienced — minor bruising to the wrists and a scrape to his knee — were consistent with minimum force applied to secure and restrain him while he was on a suicide watch. The medical records also show that Landy was repeatedly seen by health care staff while in BAU and all results were within normal limits. The contemporaneous findings of minor bruising and a knee scrape were not objectively serious conditions.
Defendants' motion to dismiss or for summary judgment, construed as a motion for summary judgment, shall be granted.