PRISON BEATING NETS INMATE
TWO MILLION SEVEN HUNDRED THOUSAND BUCKS!
BALTIMORE, MD. A Baltimore City Circuit Court Jury awarded inmate Kevin Younger a nice pile of cash he can look forward to banking and using when he gets out of federal prison in return for a beating, he was administered by jail guards at the Maryland reception and classification center in 2013.
The welcome package that Younger was administered was given the icing on the cake on June 12, 2019. The court also put all costs of the court on the State of Maryland, in a ruling by Circuit Court Judge Rubin.
The jury announced the verdict at 11:38 am. The attorney for Younger was Allen E. Honick, of Whiteford, Taylor & Preston in Baltimore, Md.
Court records show that subpoenas were issued to Tyrone David Crowder, Neil Dupree, George R. Hardinger, Daniel Morrow, Sgt. Carolyn Murray, Detective William Sage, Wallace Singletary and Wayne Hill.
Younger brought the action against the State of Maryland, current and now former Secretary of the Maryland Department of Public Safety and Correctional Services Stephen T. Moyer in his official capacity, and former MRDCC Warden Tyrone Crowder
(collectively the “State Defendants”); MRDCC “supervisory correctional officers[s]” Pamela Dixon (“Dixon”), Wallace Singletary (“Singletary”), and Neil Dupree (“Dupree”); and MRDCC “correctional officer[s]” Jemiah Green (“Green”), Richard Hanna (“Hanna”), and Kwasi Ramsey (“Ramsey”).
Kevin Younger is a prisoner in the Maryland Division of Correction housed at the Maryland Reception, Diagnostic & Classification Center.
Court documents reflect that on September 29, 2013 a group of inmates at the Maryland Diagnostic Classification Center attacked Officer Alade Ganiyu, prompting several correctional officers to retaliate against those inmates later that evening.
Ganiyu was attacked after an inmate, Mark Brown, disobeyed an order from Ganiyu to replace a dinner tray. When Brown refused, Ganiyu tried to handcuff him but several inmates voiced that they were upset over Ganiyu’s actions. Witnesses say Brown then punched him in the face and several other inmates jumped in and started attacking Ganiyu. Ganiyu was taken to Shock Trauma with a fractured nose, a fracture to his left orbital bone and back and knee injuries.
A Federal Civil Rights action alleged the following facts:
On the evening of September 29, 2013, Younger witnessed a fight between two inmates and a correctional officer in which the correctional officer was seriously injured. Although Younger was not involved in the fight and had no history of disciplinary infractions at that time, he was removed from general housing and transferred to various other cells in MRDCC with the two inmates who participated in the confrontation and at least two other prisoners.
On the morning of September 30, 2013, Younger alleges that Wallace Singletary a supervisory correctional officer at MRDCC, ordered Neil Dupree, also a supervisory correctional officer, to print out photographs of the injured correctional officer so that they could be shown to the incoming correctional officers before they began their daily shifts.
He claims that former MRDCC Warden Tyrone Crowder and Dupree displayed the photographs to correctional officers at that morning’s “roll call,” “effectively sanctioning a retaliatory attack against the five prisoners, including Younger, who they believed were involved in the previous day’s altercation,” and that Crowder specifically admonished the correctional officers for their handling of the altercation on the prior day, calling them ‘soft’ and stating that they ‘should have beat the inmates’ who were allegedly involved in the fight.”
Younger claims that correctional officers Jemiah Green (“Green”), Richard Hanna and Kwasi Ramsey were present at that roll call, that they were well-known for their “violent enforcement” of prison policies, and that Crowder, Singletary, Dupree, and the Secretary of the Maryland Department of Public Safety and Correctional Services were all well aware of “previous use of force complaints” against them.
Following the roll call, he alleges that Green, Hanna, and Ramsey “sought to exact revenge on the five prisoners, including Younger and “systematically moved about MRDCC brutally assaulting and beating” each one of them, including Younger.
Younger alleges that around 7:00 a.m. on September 30, 2013, Green, Hanna, and
Ramsey entered his cell, grabbing him by his shirt and legs, and throwing him from the top bunk onto the concrete floor, then proceeded to strike him on his head, face, and body, with handcuffs, radios, and keys, kicking and stomping him as he lay defenseless on the ground.
Younger claims that supervisory correctional officer Pamela Dixon was seated at the sergeant’s desk at the end of the tier in plain view from his cell during the beating.
Younger alleges that the officers left him in a pool of blood on the concrete floor of his cell” and proceeded to beat each of the other prisoners whose photographs were displayed in the same way.
Younger contends that Green eventually returned to transport him to the medical unit and ordered him to write on an Incident Report Form “that he sustained his injuries by falling from his bunk bed.”
He claims that Dupree, was the only supervisory lieutenant, responded to the medical alerts for all five prisoners following the beatings and “observed correctional officers bringing Younger down the stairs toward the medical unit.
Younger alleges that Dupree asked Ramsey what had happened and accepted his explanation that Younger fell despite his injuries being markedly inconsistent with the asserted explanation, and that Dupree further failed to seek emergency medical attention, launch an investigation into the five prisoners’ injuries, or interview Younger.”
Younger contends that the assault and beating of the five prisoners as a form of discipline, was consistent with the culture of MRDCC under Crowder’s leadership.
An Internal Investigation Division report ultimately concluded that on the morning of September 30, 2013 Ramsey, Green, and Hanna did assault the prisoners, including Younger, who they believed were involved in the fight on the previous evening with the correctional officer.
Crowder is no longer the Warden of MRDCC following the assault on the five prisoners, and Ramsey, Green, and Hanna have been criminally indicted.
On May 6, 2015, Richard Hanna pleaded guilty to conspiracy to commit first degree assault on the five prisoners, including Younger, and a jury found, after trial, Sergeant Kwai Ramsey and Sergeant Jemiah Green were convicted of two counts of second-degree assault and five counts of second-degree assault, respectively as well as individual counts of misconduct in office.
Younger brought a Federal civil action against the State of Maryland, Secretary Moyer, and Crowder (collectively the “State Defendants”); “supervisory correctional officers[s]” Dixon, Singletary, and Dupree; and correctional officers Green, Hanna, and Ramsey, alleging violations of his rights under the United States Constitution and the Maryland Declaration of Rights as well as various Maryland tort law claims.
The Federal District Court Judge Richard D. Bennett dropped all claims against Secretary Moyer, both in his official capacity and in his individual capacity.
Judge Bennett, on Aug. 22, 2017, summed up his finding after laying out appropriate law and decisions of the Fourth Circuit Court of Appeals:
The State Defendants’ Motion to Dismiss (ECF No. 46) is GRANTED as to Younger’s claims against the State of Maryland in Counts Two, Three, Eight, and Ten of the Complaint and Younger’s claims against Secretary Moyer, in both his individual and official capacities, in Counts One and Eight of the Complaint, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. The State Defendants’ Motion to Dismiss (ECF No. 46) is DENIED as to Younger’s claims against Crowder in Counts One, Two, Three, Five, Six, Seven, Eight, and Nine of the Complaint, and Dupree and Singletary’s Motion to Dismiss (ECF No. 60) is also DENIED as to Younger’s claims against them in Counts One, Two, Three, Five, Six, Seven, Eight, and Nine of the Complaint. Additionally, the State Defendants’ Motion to Dismiss (ECF No. 46) and Defendants Dupree and Singletary’s Motion to Dismiss (ECF No. 60) are both DENIED as to Younger’s Conspiracy claim (Count Seven). Accordingly, the Defendants State of Maryland and Secretary Moyer, in both his individual and official capacities, are DISMISSED from the action. All other claims against the additional Defendants remain.