Compliance Case Study Answers

Kevin Moore, an inmate formerly housed at the Poplar Hill Pre-Release Unit, raises a failure to protect claim against Defendants, Sergeant William D. Jones and Correctional Officer II Ivan Tilghman, resulting from a physical altercation Plaintiff had with another inmate. He further alleges that he would not have sustained injury if Defendant Warden John Wolfe had appropriate security in place but fails to allege any allegations against him.
Irrespective of whether Plaintiff has stated a claim, he failed to exhaust administrative remedies, prior to filing suit; therefore, the Amended Complaint must be dismissed. ECI is not a person amenable to suit and is entitled to sovereign immunity. Likewise, Plaintiff also fails state a claim against

Exhibit 1, at ¶9, Exhibit 2, at p. 2; Exhibit 3, at ¶5; Exhibit 4. Subsequently, Covington confronted Moore about the items and a physical altercation ensued. Exhibit 3, at ¶5; Exhibit 4. Jones avers that if items were missing from the ODR, Covington would lose his job in the kitchen. Id. Both inmates sustained injuries consistent with being involved in an altercation. Exhibit 5, at ¶5; Exhibit 6. After the altercation, several inmates informed Officer Twilley that Moore was trying to sell the Blue ware in the Wicomico dorm. Exhibit 1, ¶9, Exhibit 2, at p. 2. The Blue ware items were later found in the dormitory where the altercation occurred. Exhibit 1, ¶10, Exhibit 2, at p. 2. Exhibit 5, at ¶5; Exhibit

Exhibit 14, Notices of Inmate Disciplinary Hearing for Kevin Moore, # 451-742, and Timothy Covington, # 451-830. Moore’s disciplinary hearing was held, on December 21, 2016, before Hearing Officer La-Tricia Taylor. Exhibit 15, DPSCS Inmate Hearing Record of Kevin Moore, # 451-742, dated 12/21/16. Moore accepted a plea agreement for 30 days segregation and revocation 30 credits. Id. at p. 3. Hearing Officer Taylor including in her finding of fact Moore’s admission in his written inmate statement that he hit Covington in the heat of the moment in the hallway. Id. Covington’s disciplinary hearing was held, on December 22, 2016, before Hearing Officer Lucretia Harrell. Exhibit 16, DPSCS Inmate Hearing Record of Timothy Covington, # 451-830, dated 12/21/16. Covington testified that after two conversations requesting that Moore return the missing Blue ware, he advised Moore that he would tell the correctional officer that Moore had taken the Blue ware and had them in his possession. Id. at p. 3. He further stated Moore punched him in his left eye and repeatedly punched him in the upper chest and other parts of his body and argued self defense. Id. Hearing Officer Harrell found Covington guilty stating, “[Covington]admitted that he defended himself