by Douglas Ankney

On February 22, 2024, the U.S. District Court for the District of Maryland granted dismissal to a suit filed by state prisoner Keith Darnell Kelly, after he accepted a $30,000 settlement of his civil rights claims for  a beating he suffered from guards while he was handcuffed and claims related to a sham disciplinary proceeding that followed.

According to Kelly’s Second Amended Complaint (“Complaint”), on May 28, 2019, Kelly was a prisoner confined at the Roxbury Correctional Institution (RCI). Sergeant Lander Walley escorted Kelly from his segregation cell to an office for the purpose of a case management review hearing. Kelly was handcuffed and while the pair walked toward the office, Walley called Kelly a “rat” and a “scared bitch.” Walley told Kelly that he was going to “f*ck up [Kelly’s] bitch ass brother” because the brother had phoned the prison on Kelly’s behalf. Walley threatened to “set up” Kelly because Kelly had written complaints against Walley and other guards. Upon arriving at the area where the reviews were conducted, Walley instructed Kelly to sit and said to him: “Don’t move you little bitch.”

Guards Kristofer Davis, Curtis Cornell, and Dustin Fignar arrived, escorting other prisoners. After those prisoners were seated, Walley, Davis, Cornell, and Fignar began verbally attacking Kelly, calling Kelly a “rat and a coward,” saying that all Kelly does “is run his big mouth,” accusing him of “being too scared to have a cell mate” and threatening him with being attacked by members of the gang known as the Bloods. (Kelly was in segregation on charges related to a physical altercation with a member of the Bloods wherein Kelly claimed he was only defending himself). Kelly admitted in his Complaint that he responded in kind to the verbal attack, telling officers to “suck [his] dick,” etc.

Davis attended the review hearing with Kelly. At the hearing, Kelly provided the review team with a detailed log, including both the time and dates, of incidents supporting his claims that his life was in danger from retaliation by the Bloods, and that he was in danger from other prisoners and guards. The log included such interactions as Fignar calling Kelly a “rat” and “coward” in the presence of other prisoners; and members of the gang known as Black Guerilla Family assaulting Kelly and telling Kelly that Fignar had hired them to do it to warn Kelly to keep his mouth shut.

After Davis and Kelly exited the hearing, Davis informed Walley, Fignar, and Cornell that Kelly was keeping a log of his interactions with guards. As he was being escorted back to his cell, Cornell demanded to know where Kelly was “hiding those snitch papers.” Upon arriving at Kelly’s cell, Davis and Cornell entered the cell to search for the log book. (Kelly had mailed a copy of it to his brother).

Kelly was inside the cell, standing by the toilet, still wearing handcuffs when the guards announced they could not find the “rat papers.” Cornell then falsely claimed that he saw Kelly kick Davis. Walley, Fignar, and another guard crowded around to block the cell door from viewing by other prisoners. Kelly denied kicking Davis but Davis then punched Kelly in the face and mouth, and smashed Kelly’s face into the cell wall, breaking Kelly’s two front teeth.

Davis put Kelly in a choke hold and took Kelly to the floor. Fighting to remain conscious, Kelly screamed loudly in an effort to draw the attention of prisoners and other staff to the assault. After Kelly screamed, Walley entered the cell to pull Davis off of Kelly, telling Davis to stop. Davis stood and began kicking Kelly in ribs, back, and thigh before stomping on Kelly’s legs.

After the assault, Cornell used a wet t-­shirt to wipe Kelly’s bleeding wounds. There was discussion by the guards that everyone should “call it even” and encouraging Kelly to say that “he had a seizure.” However, Davis insisted that the guards should claim that Kelly had head-­butted him.

Kelly was then escorted off the tier for medical attention. When the group passed the review hearing room, Kelly kicked the door to get a lieutenant’s attention. Kelly wanted the lieutenant to see Kelly’s injuries and to see that Davis was uninjured. But the lieutenant simply looked away as Fignar grabbed Kelly’s handcuffed wrists and forced them high into the air while Cornell kicked Kelly’s feet out from underneath him, causing Kelly to slam onto the floor. Cornell and Fignar then dragged Kelly to a van for transport to medical.

At the medical unit, Nurse Kellie Boward refused to examine Kelly even though Kelly was bleeding from his mouth and face. Boward wrote in her report only that Kelly had a chipped right front tooth and a red mark inside his lip. According to Kelly, Boward instructed Cornell and Fignar to keep Kelly away from the dentist because it “would prove he had injuries.” Boward then remarked, “I bet you won’t get away with hitting a staff member this time.” (Apparently, in December 2018, while Kelly was having a seizure, he unintentionally struck Boward and another nurse. Boward insisted Kelly be charged with assault but an investigation into the incident resulted in Kelly not being charged. Boward evidently carried a grudge over the incident).

Kelly was later charged both criminally and with institutional infractions for allegedly assaulting Davis. While he was acquitted of the criminal charges, Davis was found guilty of the institutional charges. However, at the request of Fignar, a false report was made alleging that Kelly had made multiple threats to RCI staff and that Kelly’s “adjustment hearing be conducted in absentia, to avoid an unnecessary confrontation.” On the basis of that report, Kelly was not permitted to attend the hearing, call for witnesses, or present evidence in his defense.

Kelly filed suit against Wayne Hill, Commissioner of Corrections, and numerous RCI staff, including the guards named above. He alleged Eighth Amendment claims of excessive force, Fourteenth Amendment claims of violations of due process, and First Amendment retaliation claims. Defendant officials with the state Department of Public Safety and Correctional Services moved to dismiss the complaint, which the district court only partially granted on July 12, 2022. See: Kelly v. Miller, 2022 U.S. Dist. LEXIS 123797 (D. Md. 2022). The parties then proceeded to reach their settlement agreement. Though Kelly had proceeded pro se through the summary judgment ruling, the $30,000 settlement they reached included fees and costs for his pro bono counsel appointed after that from attorneys with Bekman, Marder, Hopper, Malarkey & Perlin, LLC in Baltimore. See Kelly v. Miller, USDC (D. Md.), Case No. 1:20-­cv-­02531.  

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