Antoine Javon Hare, who was incarcerated at the Prince George's County Correctional Center at the time of the events at issue, filed a pro se civil rights action under 42 U.S.C. § 1983 alleging that Officer H. Stanback slammed him to the ground during a July 28, 2022 inmate altercation, then forcefully bent his arm back after Hare said he could not feel it. Hare says he screamed and pleaded for Stanback to stop. Months later, after being sent to the hospital for an infected finger, Hare says he reported his arm injury, received an MRI, and was diagnosed with a dislocation and torn ligaments in his right shoulder. He says he cannot extend the fingers on his right hand and can feel his bones grinding when he exercises.
The medical-care claim targeted RN Zewdiensh Admassu, who saw Hare the evening of the incident. Admassu stated she did not see any indication that the patient's shoulder was dislocated and that a physician assistant, PA Asres, had already assessed a possible sprain and ordered an x-ray of his forearm. An August 31, 2022 radiology report showed no shoulder separation, fracture, or dislocation.
Judge Lydia Kay Griggsby of the District of Maryland applied the Fourteenth Amendment standard for pretrial detainees, not the Eighth Amendment standard that governs convicted prisoners. Citing Short v. Hartman, 87 F.4th 593 (4th Cir. 2023), the court held that a pretrial detainee must show, among other things, that the defendant intentionally, knowingly, or recklessly failed to address a condition posing a substantial risk of serious harm — and that the defendant knew or should have known the inaction posed an unjustifiably high risk. Under Short, a detainee no longer must show that the defendant had actual knowledge of the serious medical condition and consciously disregarded the risk.
Even under that less demanding standard, the court held that Admassu was entitled to judgment. A possible shoulder sprain, the court reasoned, does not present a substantial risk of harm. The record showed that PA Asres had already ordered an x-ray the same day, and the x-ray ultimately confirmed no dislocation. The court concluded that waiting for those results was reasonable and that Admassu had no basis to believe her actions posed an unjustifiable risk of harm to Hare.
Hare did not respond to the summary judgment motion despite being notified of his opportunity to do so.
The excessive-force claim against Officer Stanback was not resolved. The court noted that Stanback's motion for summary judgment remains pending and directed Stanback's counsel to file an update on whether Hare has received their video exhibit at FCI Sheridan.