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McFadden Ruling by Quarles

McFadden Ruling by Quarles

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Published by: citypaper on Oct 20, 2009
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1IN THE UNITED STATES DISTRICT COURT FORTHE DISTRICT OF MARYLAND, NORTHERN DIVISION*TASHMA MCFADDEN,#337321*Plaintiff,*v. CIVIL NO.: WDQ-08-0154*CORRECTIONAL OFFICER ANTONIAALLISON,
in her individualand official capacities
, *Defendant.** * * * * * * * * * * * *MEMORANDUM OPINIONTashma McFadden alleges that while in pretrial custody atthe Baltimore City Detention Center (“BCDC”), CorrectionalOfficer Antonia Allison opened his cell and allowed a group ofinmates to assault him. Pending is Allison’s Motion for SummaryJudgment. For the following reasons, the motion will be denied.I.
 
BackgroundOn July 4, 2006, McFadden and Allison argued after McFaddenmade a derogatory remark as Allison walked past his cell on the“O Tier” of the BCDC.
1
Allison Dep. 46:1-4, Apr. 30, 2009;
1
For this motion, the facts are viewed in the light mostfavorable to McFadden.
See Winfield v. Bass
, 106 F.3d 525, 535(4th Cir. 1997) (
en banc
).
 
2McFadden Dep. 20:4-6, 25:1-19, Mar. 5, 2009. McFadden’s cell wason the bottom of the O Tier. McFadden Dep. 46:15.On July 5, 2006, while McFadden was out of his cell forrecreation, several inmates from other tiers asked him about hisargument with Allison. McFadden Dep. 43:4-17. Referring toAllison as their “sister,” they warned McFadden not to speak toher in the future. McFadden Dep. 43:8-13.After returning to his cell, McFadden was approached byDashawn Kearson, an O Tier inmate on work duty. McFadden Dep.44:6-10; Kearson Dep. 11:7-12:17, Mar. 5, 2009. Kearson toldMcFadden that he had seen Allison relieve the officer on duty inthe O Tier.
2
McFadden Dep. 44:3-10; Kearson Dep. 29:1-4. Afterspeaking with McFadden, Kearson went to clean the O Tierrecreation hall. Kearson Dep. 12:16-17.
2
Allison had returned to the O Tier at around 6:39 p.m. on July5. Allison Dep. 60:15-22. She was accompanied by traineeofficer Tynisha Crew (née Berman), who was “shadowing” Allisonthat day. Allison Dep. 57:12-13, 58:21-59:1.When Allison and Crew arrived, inmates housed on the toplevel were out of their cells for recreation, while the inmateson the bottom level, including McFadden, were locked in theircells. Allison Dep. 60:14; McFadden Dep. 46:10-19. Allison andCrew inspected the bottom level to ensure that all detaineeswere present, and their cells were locked. Allison Dep. 65:19-66:20. Allison does not recall seeing McFadden in his cell.Allison Dep. 66:9-13.
 
3While there, he noticed a group of inmates outsideMcFadden’s cell. Kearson Dep. 12:19-21. McFadden also saw agroup of inmates enter the bottom level and stand outside hiscell. McFadden Dep. 44:22-45:2. Another group arrived shortlythereafter and stood on the other side of the cell. McFaddenDep. 45:2-5.About five minutes later, McFadden’s cell door was opened.McFadden Dep. 45:6-16. McFadden alleges that Allison “opened or. . . caused to be opened” his cell door “for the purpose ofallowing approximately nine” inmates to enter his cell. SecondAm. Compl. ¶¶ 12, 13; McFadden Dep. 167:22-169:12. Knowing thatthe assailants had come for him, McFadden pushed his cell mate,Ronald, out of the cell just before McFadden was attacked byeight or nine men, three of whom had knives.
3
McFadden Dep.45:17-21. McFadden alleges that these inmates beat himunconscious and stabbed him 32 times. McFadden Dep. 62:18-22.Kearson saw Ronald leave McFadden’s cell and spoke to him duringthe attack. Kearson Dep. 12:22-13:2. After the attack, Kearsonand Ronald returned to McFadden’s cell. Kearson Dep. 12:22-13:6. Finding McFadden stabbed, they helped him to the shower toclean up. Kearson Dep. 13:6-10; McFadden Dep. 56:15-19.
3
Ronald’s last name does not appear in the record. According toAllison, he is dead. Def.’s Reply 4.

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