Opinion

Krikstan

Court
District Court, D. Maryland
Filed
Jul 15, 2026
Cited by
0 cases
Authority
More cited than 42.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

KEITH KRIKSTAN, *

Plaintiff, *

v. * Civil Action No. GLR-24-2001

STATE OF MARYLAND, et al., *

Defendants. *

*

***

MEMORANDUM OPINION

THIS MATTER is before the Court on Defendant State of Maryland’s Motion to

Dismiss (ECF No. 42), Defendant Neil Daubach’s Motion to Dismiss (ECF No. 46), and

Defendant Debora Darden’s Motion to Dismiss or, in the alternative, Motion for Summary

Judgment (ECF No. 56). The Motions are ripe for disposition, and no hearing is necessary.

See Local Rule 105.6 (D.Md. 2025). For the reasons outlined below, the Court will grant

the State’s Motion to Dismiss, deny Daubach’s Motion to Dismiss, and grant Darden’s

Motion to Dismiss or, in the alternative, Motion for Summary Judgment.

I. BACKGROUND

A. Factual Background1

This action arises out of alleged violations of Plaintiff Keith Krikstan’s

constitutional right to be free from cruel and unusual punishment. (Am. Compl. ¶ 1, ECF

No. 27). At all times relevant to this case, Krikstan was an inmate at Eastern Correctional

Institute (“ECI”), a Maryland correctional facility. (Id. ¶ 4). Defendant Debora Darden

(“Warden” or “Darden”) was the Warden of ECI and an employee of the Maryland

Department of Public Safety and Correctional Services (“MDPSCS”). (Id. ¶ 6). Defendants

Samuel Warren, David Quillen, Ananias Wilson, and Neil Daubach worked for MDPSCS

as Correctional Officers, and Defendant Jermaine Robert Sturgis worked for MDPSCS as

a Sergeant. (Id. ¶¶ 7–10). Defendant State of Maryland employed the correctional officers

named herein, including the warden and high-ranking officials at ECI, exercising control

and exerting influence over their policies and customs. (Id. ¶ 5)

On July 12, 2021, Correctional Officers Warren, Quillen, Wilson, and Daubach

were assigned to work at ECI Housing Unit 4. (Id. ¶ 13). That same day, Krikstan reported

to his shift on Unit 4 as an Inmate Observation Aide—a position he received due to his

excellent disciplinary record. (Id. ¶ 14). Upon entering the housing unit, Krikstan was

frisked. (Id. ¶ 15). During the initial frisk, Warren grew frustrated with Krikstan for not

properly wearing his face mask as required. (Id. ¶ 15). Krikstan made remarks about this

1 Unless otherwise noted, the Court takes the following facts from the Amended

Complaint (ECF No. 27) and accepts them as true. See Erickson v. Pardus, 551 U.S. 89,

94 (2007).

interaction, which further irritated Warren. (Id. ¶ 16). As a result, Warren instructed

Krikstan to enter the property room to undergo a second and more intrusive strip search.

(Id. ¶ 17). Daubach and Wilson joined them. (Id. ¶ 18).

Once inside the room, Krikstan made a coarse comment toward the officers. (Id.

¶ 19). Warren then instructed Krikstan to turn around and repeat his earlier remark. (Id.).

After doing so, Warren informed Krikstan that he would no longer be permitted to serve

as an Inmate Observation Aide and stated that they would begin the monitored strip search.

(Id. ¶¶ 19, 20). This procedure required Krikstan to be handcuffed and escorted to a cell

where officers would remove his clothing. (Id.). With Krikstan’s hands cuffed behind his

back, shoes off, and pants lowered, Warren walked Krikstan to the property room door.

(Id. ¶ 21). As they approached the doorway, Krikstan pulled away from Warren, breaking

his grip on Krikstan’s arm. (Id.).

In response, Warren threw Krikstan to the floor. (Id. ¶ 23). While handcuffed and

lying on his side, Warren punched Krikstan five or six times in the face and head, resulting

in visible signs of injury and bleeding. (Id. ¶¶ 23, 25). Wilson and Daubach observed the

assault but did not intervene. (Id. ¶ 24). After hearing about this incident, Quillen arrived

on the scene and proceeded to record Krikstan’s subsequent medical evaluation and the

monitored strip search. (Id. ¶ 26). During his medical evaluation, Krikstan explained that

Warren assaulted him. (Id.).

After filming, Quillen showed the video to various officers, including Correctional

Officers Warren, Wilson, Daubach, and Sergeant Sturgis. (Id. ¶ 27). While viewing the

footage, Sturgis commented that the video should be deleted because of what it depicted.

(Id.). Warren agreed. (Id.).

Over the next few hours, the officers determined that the use of force was not

justified and coordinated a plan to cover up the incident by deleting the video and

submitting false written and verbal statements. (Id. ¶¶ 28–29). Ultimately, Correctional

Officers Warren, Quillen, Wilson and Daubach pled guilty to criminal charges arising from

the above-described conduct. (Id. ¶ 30).

B. Procedural History

On July 10, 2024, Krikstan initiated this action against Defendants State of

Maryland, Kathleen Green (Warden), Samuel Warren (Correctional Officer), David

Quillen (Correctional Officer), Ananias Wilson (Correctional Officer), Neil Daubach

(Correctional Officer), and J.S. (Sergeant). (Compl. at 1–2, ECF No. 1).2 On March 3,

2025, Daubach filed a Motion to stay proceedings pending the resolution of the criminal

case arising out of this matter (Mem. L. Supp. Mot. Stay at 1, ECF No. 24-1), which the

Court granted on April 10, 2025 (ECF No. 37). On October 16, 2025, Daubach was

sentenced in United States v. Neil Daubach, et al., No. MJM-24-0363 (Jt. Status Rep. ¶ 1,

ECF No. 40), and the stay was lifted on October 20, 2025 (ECF No. 41).

Krikstan amended his Complaint on March 19, 2025, replacing Kathleen Green with

Debora Darden as Warden, and adding the full name of Sergeant Jermaine Robert Sturgis.

(Am. Compl. at 1–2). He asserts five counts against Defendants for use of excessive force

2 Citations to the record refer to the pagination assigned by the Court’s Case

Management/Electronic Case Files (“CM/ECF”) system.

in violation of the Eighth and Fourteenth Amendments under 42 U.S.C. § 1983 (Count

One), supervisory liability in violation of the Eighth and Fourteenth Amendments under

42 U.S.C. § 1983 (Count Two), negligent supervision and retention (Count Three), battery

(Count Four), and cruel and unusual punishment under the Maryland Declaration of Rights,

Articles 16 and 25 (Count Five). (Id. at 8–14). Krikstan seeks compensatory and punitive

damages, pre- and post-judgment interest, and reasonable attorneys’ fees and costs

associated with this litigation. (Id. at 15).

On November 19, 2025, the State of Maryland filed a Motion to Dismiss. (ECF No.

42). Daubach filed a Motion to Dismiss on December 3, 2024. (ECF No. 46). On December

17, 2025, Krikstan filed his Opposition to both Motions. (ECF Nos. 48, 49). Daubach filed

a Reply on December 31, 2025. (ECF No. 50). To date, the State of Maryland has not filed

a Reply.

On February 5 and 19, 2026, the Amended Complaint was served on Defendants

Darden and Sturgis, respectively. (ECF Nos. 52, 53). Darden filed a Motion to Dismiss or,

in the alternative, Motion for Summary Judgment on April 13, 2026. (ECF No. 56). On

May 11, 2026, Krikstan filed an Opposition. (ECF No. 61). Darden filed a Reply on May

26, 2026. (ECF No. 66).3

3 To date, the Court has no record that Defendants Samuel Warren, David Quillen,

Ananias Wilson, or Jermaine Robert Sturgis have answered Plaintiff Keith Krikstan’s

Amended Complaint. Therefore, the Court will direct Krikstan to file a Motion for Clerk’s

Entry of Default as to these Defendants.

II. DISCUSSION

A. Standards of Review

1. Conversion

Defendant Warden Darden styles her Motion as a Motion to Dismiss under Federal

Rules of Civil Procedure 12(b)(1) and 12(b)(6) or, in the alternative, for Summary

Judgment under Federal Rule of Civil Procedure 56. (ECF No. 56). A motion styled in this

manner implicates the court’s discretion under Rule 12(d) of the Federal Rules of Civil

Procedure. See Kensington Volunteer Fire Dep’t, Inc. v. Montgomery Cnty., 788

F.Supp.2d 431, 436–37 (D.Md. 2011), aff’d sub nom, 684 F.3d 462 (4th Cir. 2012). This

Rule provides that when “matters outside the pleadings are presented to and not excluded

by the court, the [Rule 12(b)(6)] motion must be treated as one for summary judgment

under Rule 56.” Fed.R.Civ.P. 12(d). The Court has “‘complete discretion to determine

whether or not to accept the submission of any material beyond the pleadings that is offered

in conjunction with a Rule 12(b)(6) motion and rely on it, thereby converting the motion,

or to reject it or simply not consider it.’” Wells-Bey v. Kopp, No. ELH-12-2319, 2013 WL

1700927, at *5 (D.Md. Apr. 16, 2013) (quoting 5C Wright & Miller, Federal Practice &

Procedure § 1366, at 159 (3d ed. 2004, 2012 Supp.)).

The United States Court of Appeals for the Fourth Circuit has articulated two

requirements for proper conversion of a Rule 12(b)(6) motion to a Rule 56 motion: (1)

notice; and (2) a reasonable opportunity for discovery. Greater Balt. Ctr. For Pregnancy

Concerns, Inc. v. Mayor and City Council of Balt., 721 F.3d 264, 281 (4th Cir. 2013).

When the movant expressly captions its motion “in the alternative” as one for

summary judgment and submits matters outside the pleadings for the court’s consideration,

the parties are deemed to be on notice that conversion under Rule 12(d) may occur. See

Moret v. Harvey, 381 F.Supp.2d 458, 464 (D.Md. 2005) (citing Laughlin v. Metro. Wash.

Airports Auth., 149 F.3d 253, 260–61 (4th Cir. 1998)).

Ordinarily, summary judgment is inappropriate when “the parties have not had an

opportunity for reasonable discovery.” E.I. du Pont de Nemours & Co. v. Kolon Indus.,

Inc., 637 F.3d 435, 448–49 (4th Cir. 2011). Yet, “the party opposing summary judgment

‘cannot complain that summary judgment was granted without discovery unless that party

had made an attempt to oppose the motion on the grounds that more time was needed for

discovery.’” Harrods Ltd. v. Sixty Internet Domain Names, 302 F.3d 214, 244 (4th Cir.

2002) (quoting Evans v. Techs. Applications & Serv. Co., 80 F.3d 954, 961 (4th Cir.

1996)). To sufficiently raise the issue that more discovery is needed, the non-movant must

typically file an affidavit or declaration under Rule 56(d), explaining the “specified

reasons” why “it cannot present facts essential to justify its opposition.” Fed.R.Civ.P.

56(d).

“The Fourth Circuit places ‘great weight’ on the affidavit requirement.” Nautilus

Ins. Co. v. REMAC Am., Inc., 956 F.Supp.2d 674, 683 (D.Md. 2013) (quoting Evans, 80

F.3d at 961). However, non-compliance may be excused “if the nonmoving party has

adequately informed the district court that the motion is pre-mature and that more discovery

is necessary.” Harrods, 302 F.3d at 244. Courts place greater weight on the need for

discovery “when the relevant facts are exclusively in the control of the opposing party,”

such as “complex factual questions about intent and motive.” Id. at 247 (quoting 10B

Charles A. Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice & Procedure

§ 2741, at 419 (3d ed. 1998) (internal quotation marks omitted)).

Here, the Court finds that the second requirement for conversion, a reasonable

opportunity for discovery, is not satisfied. While Darden placed Krikstan on notice that the

Court might resolve her Motion under Rule 56 by styling the Motion in the alternative for

summary judgment (see generally, Mot. Dismiss or, in the alt., Mot. Summ. J. [“Darden

Mot.”], ECF No. 56-1) and submitting materials outside the pleadings for the Court’s

consideration (see ECF Nos. 56-3 through 56-5), Krikstan argues that he would need

discovery from the State to support his opposition (Opp’n Darden Mot. at 6–7, ECF No.

61). As such, the Court finds the second conversion requirement unmet and will decline to

convert Darden’s Motion into one for summary judgment. See Carey v. Throwe, No. GLR-

18-162, 2019 WL 414873, at *3 (D.Md. Jan. 31, 2019), aff’d, 957 F.3d 468 (4th Cir. 2020)

(declining to convert defendants’ motion to one for summary judgment when plaintiff filed

Rule 56(d) affidavit requesting discovery). Accordingly, the Court will construe the Motion

(ECF No. 56) as a motion to dismiss and will not consider materials outside of the

pleadings.

2. Rule 12(b)(1)

Federal Rule of Civil Procedure 12(b)(1) requires a plaintiff to establish the Court’s

subject-matter jurisdiction by showing the existence of either a federal question under 28

U.S.C. § 1331 or diversity jurisdiction under 28 U.S.C. § 1332. A plaintiff may establish

federal question jurisdiction by asserting a claim that arises from a federal statute or from

the U.S. Constitution. 28 U.S.C. §§ 1331, 1332 To show that the claim arises on one of

these bases, the federal question must appear “on the face of the plaintiff’s properly pleaded

complaint.” AES Sparrows Point LNG, LLC v. Smith, 470 F.Supp.2d 586, 592 (D.Md.

2007) (quoting Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987)). However, when a

party challenges subject-matter jurisdiction, the Court may consider “evidence outside the

pleadings” to resolve the challenge. Richmond, Fredericksburg & Potomac R. Co. v.

United States, 945 F.2d 765, 768 (4th Cir. 1991).

A defendant challenging a complaint under Rule 12(b)(1) may advance a “facial

challenge, asserting that the allegations in the complaint are insufficient to establish subject

matter jurisdiction, or a factual challenge, asserting ‘that the jurisdictional allegations of

the complaint [are] not true.’” Hasley v. Ward Mfg., LLC, No. RDB-13-1607, 2014 WL

3368050, at *1 (D.Md. July 8, 2014) (alteration in original) (quoting Kerns v. United

States, 585 F.3d 187, 192 (4th Cir. 2009)). When a defendant raises a facial challenge, the

Court affords the plaintiff “the same procedural protection as he would receive under a

Rule 12(b)(6) consideration.” Kerns, 585 F.3d at 192 (quoting Adams v. Bain, 697 F.2d

1213, 1219 (4th Cir. 1982)). As such, the Court takes the facts alleged in the complaint as

true and denies the motion if the complaint alleges sufficient facts to invoke subject-matter

jurisdiction.

3. Rule 12(b)(6)

The purpose of a Rule 12(b)(6) motion is to “test[] the sufficiency of a complaint,”

not to “resolve contests surrounding the facts, the merits of a claim, or the applicability of

defenses.” King v. Rubenstein, 825 F.3d 206, 214 (4th Cir. 2016) (quoting Edwards v. City

of Goldsboro, 178 F.3d 231, 243 (4th Cir. 1999)). A complaint fails to state a claim if it

does not contain “a short and plain statement of the claim showing that the pleader is

entitled to relief,” Fed.R.Civ.P. 8(a)(2), or does not “state a claim to relief that is plausible

on its face,” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v.

Twombly, 550 U.S. 544, 570 (2007)). A claim is facially plausible “when the plaintiff

pleads factual content that allows the court to draw the reasonable inference that the

defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556).

“Threadbare recitals of the elements of a cause of action, supported by mere conclusory

statements, do not suffice.” Id. (citing Twombly, 550 U.S. at 555). Though the plaintiff is

not required to forecast evidence to prove the elements of the claim, the complaint must

allege sufficient facts to establish each element. Goss v. Bank of Am., N.A., 917 F.Supp.2d

445, 449 (D.Md. 2013) (quoting Walters v. McMahen, 684 F.3d 435, 439 (4th Cir. 2012)),

aff’d sub nom, Goss v. Bank of Am., Na., 546 F.App’x 165 (4th Cir. 2013).

In considering a Rule 12(b)(6) motion, a court must examine the complaint as a

whole, consider the factual allegations in the complaint as true, and construe the factual

allegations in the light most favorable to the plaintiff. Albright v. Oliver, 510 U.S. 266, 268

(1994); Lambeth v. Bd. of Comm’rs of Davidson Cnty., 407 F.3d 266, 268 (4th Cir. 2005)

(citing Scheuer v. Rhodes, 416 U.S. 232, 236 (1974)). But the court need not accept

unsupported or conclusory factual allegations devoid of any reference to actual events, see

United Black Firefighters of Norfolk v. Hirst, 604 F.2d 844, 847 (4th Cir. 1979) (finding

dismissal of complaint proper because plaintiffs’ “conclusory allegations” of

discrimination were unsupported by “reference to particular acts, practices, or policies”),

or legal conclusions couched as factual allegations. Iqbal, 556 U.S. at 678 (quoting

Twombly, 550 U.S. at 555).

B. Analysis

1. State of Maryland’s Motion to Dismiss

The State of Maryland moves to dismiss Krikstan’s Amended Complaint under Rule

12(b)(1) on the grounds that the Eleventh Amendment bars all claims against the State and

against Defendants in their official capacities. (State Mot. Dismiss at 5–9, ECF No. 42-2).4

Krikstan concedes the same in his Opposition, noting that while the State’s argument is

consistent with the existing state of the law, he reserves the right to challenge the status

quo on appeal. (See Opp’n State Mot. Dismiss at 1–2, ECF No. 48). Accordingly, the Court

will grant the State’s Motion to the extent that it seeks dismissal of all claims against the

State and the Individual Defendants in their official capacities.

2. Correctional Officer Daubach’s Motion to Dismiss

Krikstan asserts a single count against Daubach for violating his right to be free

from cruel and unusual punishment under Articles 16 and 25 of the Maryland Declaration

of Rights (Count Five). (Am. Compl. at 14). Daubach argues that this Court should dismiss

Count Five because Krikstan fails to state a claim against him in his individual capacity.

(Def.’s Mot. Dismiss [“Daubach Mot.”] at 4–9, ECF No. 46-1). For the reasons discussed

below, the Court will deny Daubach’s Motion.

4 The State of Maryland also argues that Krikstan’s State law claims against the

Defendants are barred under the Maryland Tort Claims Act. (State Mot. Dismiss at 7–9,

ECF No. 42-2). The Court will address this argument in the sections that follow.

Articles 16 and 25 of the Maryland Declaration of Rights are construed in pari

materia with the Eighth Amendment. Wallace v. Moyer, No. CCB-17-3718, 2020 WL

1506343, at *9 (D.Md. Mar. 30, 2020). The Eighth Amendment protects inmates from

cruel and unusual punishment by prohibiting the use of excessive force and deliberate

indifference to an inmate’s medical or safety needs. See Williams v. Benjamin, 77 F.3d

756, 761 (4th Cir. 1996). To state a cognizable claim for deliberate indifference, Krikstan

must allege that: (1) he sustained a significant physical or emotional injury as a result of

the challenged conditions; and (2) a prison official knew of and disregarded an excessive

risk to his health or safety. Brown v. N.C. Dep’t of Corr., 612 F.3d 720, 723 (4th Cir. 2010)

(quoting Odom v. S.C. Dep’t of Corr., 349 F.3d 765, 770 (4th Cir. 2003)).

As to the first element, there is no real dispute that Krikstan suffered serious physical

injuries as a result of Warren’s attack. (See Am. Compl. ¶¶ 23, 25 (noting that Krikstan

displayed visible signs of injury and bleeding); Daubach Mot. at 5–6). Thus, the Court

finds Krikstan’s injury sufficient to meet the first element.

With respect to the second element, “the test is whether the guards know the plaintiff

inmate faces a serious danger to his safety and they could avert the danger easily yet they

fail to do so.” Brown, 612 F.3d at 723 (quoting Case v. Ahitow, 301 F.3d 605, 607 (7th

Cir. 2002)). Here, the Court can infer that Daubach knew Krikstan faced serious danger

because the Amended Complaint alleges that Daubach observed as Warren repeatedly

punched Krikstan in his face and head while Krikstan remained defenseless on the floor,

with his hands cuffed behind his back. (Am. Compl. ¶¶ 21–24). Moreover, given

Daubach’s proximity to Krikstan during the attack, the Court can also infer that Daubach

could have interfered to avert the danger but chose not to do so. (Id. ¶¶ 18, 24 (explaining

that Daubach was inside the property room during the attack and observed the assault but

did not intervene)). At this stage of the litigation, the Court finds these allegations sufficient

to support a claim of deliberate indifference under Articles 16 and 25 of the Maryland

Declaration of Rights. See Brown, 612 F.3d at 723 (finding that plaintiff’s allegation that

corrections officer observed altercation and failed to respond adequate to support claim of

deliberate indifference).

To avoid this result, Daubach next argues that he is immune from liability under the

Maryland Tort Claims Act (“MTCA” or “Act”) because Krikstan fails to allege that he

acted with malice or gross negligence. (Daubach Mot. at 7–9); Howe v. Md. Dep’t of Pub.

Safety & Corr. Servs., No. GLR-24-1896, 2024 WL 4825782, at *5 (D.Md. Nov. 19, 2024);

Andrews v. Md. Dep’t of Pub. Safety & Corr. Servs., No. JMC-23 -172, 2024 WL 520038,

at *9 (D.Md. Feb. 9, 2024). The Court disagrees.

The MTCA confers immunity against state common law tort claims and violations

of state constitutional rights, such as those at issue here. See Francis v. Maryland, No. ELH-

21-1365, 2023 WL 2456553, at *23 (D.Md. Mar. 10, 2023). Specifically, the Act provides

in relevant part that “State personnel . . . are immune from suit in courts of the State and

from liability in tort for a tortious act or omission that is within the scope of the public

duties of the State personnel and is made without malice or gross negligence.” Md. Code

Ann., Cts. & Jud. Proc. § 5-522(b). A plaintiff can overcome a defendant’s MTCA

immunity, however, by showing that the defendant acted with malice or gross negligence.

See Nero v. Mosby, 890 F.3d 106, 124 (4th Cir. 2018).

Maryland courts have consistently defined “malice” as “conduct characterized by

evil or wrongful motive, intent to injure, knowing and deliberate wrongdoing, ill-will or

fraud.” Barbre v. Pope, 935 A.2d 699, 714 (Md. 2007) (citation modified). Gross

negligence is “an intentional failure to perform a manifest duty in reckless disregard of the

consequences as affecting the life or property of another, and also implies a thoughtless

disregard of the consequences without the exertion of any effort to avoid them.” Id. at 717.

Here, the Amended Complaint alleges that Daubach acted with gross negligence

towards Krikstan’s safety and wellbeing. As a Corrections Officer, Daubach had a duty

under the Eighth Amendment to protect Krikstan from violence at the hands of other

prisoners or corrections staff. See Farmer v. Brennan, 511 U.S. 825, 833 (1994). As such,

his decision not to interfere as he watched Warren beat Krikstan, who was lying on his side

on the floor in handcuffs, “implies a thoughtless disregard of the consequences” sufficient

to raise a plausible inference of gross negligence. Barbre, 935 A.2d at 717; (see Am.

Compl. ¶¶ 22–24). On these facts, the Court finds that the MTCA does not bar Krikstan’s

claim against Daubach. Accordingly, the Court will deny his Motion to Dismiss and Count

Five shall proceed against Daubach in his personal capacity.

3. Warden Darden’s Motion to Dismiss

Krikstan asserts three claims against Warden Darden for supervisory liability under

Section 1983 (Count Two), negligent supervision and retention (Count Three), and cruel

and unusual punishment under Articles 16 and 25 of the Maryland Declaration of Rights

(Count Five). (Am. Compl. at 10–12, 14). The Warden argues that these claims should be

dismissed because: (1) Krikstan failed to exhaust his administrative remedies; (2) Krikstan

fails to state a claim for supervisory liability under Section 1983; and (3) Darden is entitled

to immunity under the MTCA. (Darden Mot. at 9–19). At bottom, the Court will grant

Darden’s Motion to Dismiss Counts Two, Three, and Five.

a. Exhaustion of Administrative Remedies

Darden first asserts that Krikstan is barred from bringing his Section 1983 claims

because he failed to exhaust available administrative remedies as required under the Prison

Litigation Reform Act (“PLRA”). (Id. at 9–11). The PLRA provides that “[n]o action shall

be brought with respect to prison conditions under section 1983 . . . by a prisoner . . . until

such administrative remedies as are available are exhausted.” 42 U.S.C. § 1997e(a).

Administrative remedies are deemed unavailable, however, when “prison administrators

thwart inmates from taking advantage of a grievance process through machination,

misrepresentation, or intimidation.” Ross v. Blake, 578 U.S. 632, 644 (2016).

Here, Krikstan alleges that Defendants thwarted his ability to pursue his

administrative remedies by destroying evidence and conspiring to cover up their

misconduct. (Am. Compl. ¶ 29; Opp’n Darden Mot. at 6–7). To that end, he requests that

the Court defer the issue of administrative exhaustion until the completion of discovery as

evidence concerning the Defendants’ prohibitive conduct is within the State’s possession.

(Id. at 7). Because there appears to be a genuine dispute as to whether Defendants’

misrepresentations rendered the administrative remedy process unavailable to Krikstan,

“the Court finds that it would be premature and improper to assess the merits of [Darden’s]

administrative exhaustion defense without first providing a reasonable opportunity for

discovery.” Gilliam v. Dep’t of Pub. Safety & Corr. Servs., No. MJM-23-1047, 2024 WL

5186706, at *7 (D.Md. Dec. 20, 2024).

b. Supervisory Liability under Section 1983

Even if Krikstan properly exhausted his federal claims, Darden argues that his

Section 1983 claim for supervisory liability would still fail because Krikstan does not

allege sufficient facts to state a claim. (Darden Mot. at 11–12). The Court agrees, for the

reasons discussed below, and will dismiss Count Two.

Liability of supervisory officials “is not based on ordinary principles of respondeat

superior, but rather is premised on ‘a recognition that supervisory indifference or tacit

authorization of subordinates’ misconduct may be a causative factor in the constitutional

injuries they inflict on those committed to their care.’” Baynard v. Malone, 268 F.3d 228,

235 (4th Cir. 2001) (quoting Slakan v. Porter, 737 F.2d 368, 372 (4th Cir. 1984)). To state

a claim for supervisory liability under Section 1983 based on a subordinate’s conduct, the

plaintiff must allege that (1) the supervisor had actual or constructive knowledge that the

subordinate’s conduct “posed a pervasive and unreasonable risk of constitutional injury to

citizens like the plaintiff;” (2) the supervisor responded in a manner that was so inadequate

that it showed “deliberate indifference to or tacit authorization” of the subordinate’s

conduct; and (3) there was “an affirmative causal link between the supervisor’s inaction”

and the plaintiff’s constitutional injury. Timpson by & through Timpson v. Anderson Cnty.

Disabilities & Special Needs Bd., 31 F.4th 238, 257 (4th Cir. 2022) (quoting Shaw v.

Stroud, 13 F.3d 791, 799 (4th Cir. 1994)).

Here, the Amended Complaint fails to plausibly allege any of these three elements.

Rather, in a conclusory manner, Krikstan restates each element without identifying any

prior incidents involving Warren, any prior grievances related to the excessive use of force

involving Warren, or any disciplinary findings that would have put the Warden on notice

of any pervasive and unreasonable risk of harm to Krikstan, or any other inmate. (See Am.

Compl. at 10–11; Darden Mot. at 12). Under federal pleading standards, such “naked

assertions devoid of further factual enhancement[s]” are insufficient to state a claim.

Ashcroft, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 557) (internal quotation marks

omitted); Cf. McCarter v. Univ. of N.C.at Chapel Hill, No. 1:20-CV-1050, 2021 WL

4482983, at *14 (M.D.N.C. Sept. 30, 2021) (finding plaintiff adequately alleged

supervisory liability because plaintiff alleged supervisor was informed by a third party of

subordinates’ ongoing racial harassment toward plaintiff, yet responded by taking no action

whatsoever against subordinates). Therefore, the Court finds that Krikstan fails to plausibly

allege his Section 1983 claim of supervisory liability and Count Two will be dismissed

with prejudice.5

c. Statutory Immunity

As to the remaining State law counts against Darden (Counts Three and Five), the

Warden argues that she is immune under the MTCA. (Darden Mot. at 17–19). At bottom,

the Court agrees with Darden and will dismiss Counts Three and Five.

5 Because Krikstan fails to state any violation of a federal statutory or constitutional

right against Darden, the Court need not address Darden’s qualified immunity argument.

See Saucier v. Katz, 533 U.S. 194, 201 (2001) (where no constitutional violation is shown,

there is no requirement for further inquiry regarding qualified immunity).

As discussed earlier, under the MTCA, State personnel are afforded statutory

immunity for “intentional torts and constitutional torts as long as they were committed

within the scope of state employment and without malice or gross negligence.” Lee v.

Cline, 863 A.2d 297, 304 (Md. 2004).

Turning first to Krikstan’s negligent supervision claim (Count Three), the Court

finds that this claim is barred because the MTCA confers state personnel “with qualified

immunity from negligence actions” such as this. McDaniel v. Maryland, No. RDB-10-189,

2010 WL 3260007, at *10 (D.Md. Aug. 18, 2010) (summarily dismissing negligence claim

against correctional officers under MTCA because a plaintiff may only maintain claims

against state personnel that are based upon allegations of malice or gross negligence).

With respect to Krikstan’s State constitutional claim for violation of Articles 16 and

25 of the Maryland Declaration of Rights (Count Five), a plaintiff can overcome a

defendant’s MTCA immunity by showing that the defendant acted with malice or gross

negligence. See Thomas v. Maryland, No. GJH-17-1739, 2017 WL 6547733, at *9 (D.Md.

Dec. 20, 2017) (dismissing claims against state officials under MTCA because complaint

contained no allegations of malice or gross negligence). But to do so, a plaintiff must allege

with some particularity those facts that make defendant’s conduct malicious or grossly

negligent. See Cooper v. Doyle, No. DKC-22-52, 2022 WL 16923857, at *3 (D.Md. Nov.

14, 2022) (citing Elliott v. Kupferman, 473 A.2d 960, 969 (Md.Ct.Spec.App. 1984)).

Here, as Darden aptly points out, Krikstan’s Amended Complaint fails to identify

any specific conduct that shows the Warden acted with the requisite carelessness or intent.

(Reply Supp. Darden Mot. at 9–10, ECF No. 66; see Am. Compl. ¶¶ 60–62). In anticipation

of this argument, Krikstan states that “development of the record through discovery and

trial will show whether [he] ultimately can prove that Darden’s conduct was grossly

negligent.” (Opp’n Darden Mot. at 11). While this may be true, Krikstan has not alleged

any facts at this stage that plausibly permit an inference of gross negligence or malice on

the part of the Warden that would justify discovery. Put simply, Krikstan’s vague assertions

are insufficient, and the Court will deny Krikstan’s request for discovery. See, e.g., Hamel

v. Phelan, No. BAH-24-2134, 2026 WL 84391, at *6 (D.Md. Jan. 12, 2026) (denying

request for discovery because plaintiff did not allege sufficient facts that, if taken as true,

would show immunity did not apply). Accordingly, the Court finds that Darden is entitled

to immunity under the MTCA and will dismiss Counts Three and Five without prejudice.

See Howe v. Md. Dep’t of Pub. Safety & Corr. Servs., No. GLR-24-1896, 2024 WL

4825782, at *6 (D.Md. Nov. 19, 2024) (finding that defendant prison officials were entitled

to MTCA immunity against plaintiff’s claim under the Maryland Declaration of Rights,

Articles 16 and 25 because plaintiff failed to allege prison officials acted with reckless

disregard or malice).

III. CONCLUSION

For the foregoing reasons, the Court will grant the State’s Motion to Dismiss (ECF

No. 42), deny Daubach’s Motion to Dismiss (ECF No. 46), and grant Darden’s Motion to

Dismiss or, in the alternative, Motion for Summary Judgment (ECF No. 56), which the

Court construes as a Motion to Dismiss. A separate Order follows.

Entered this 15th day of July, 2026.

/s/ .

George L. Russell, III

Chief United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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