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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND RICHARD L. BECKWITH Plaintiff v TAMMIE J. HART, et al. Defendants : : : : : . . . . . .o0o. . . . . . MEMORANDUM Civil Action No.: WMN-02-3733

On July 2, 2002 the above captioned complaint was filed in the Circuit Court for Allegany County, alleging that Defendant Hart had defamed Plaintiff's character. Paper No. 2. Subsequently, the action was removed to this Court because it is a claim made pursuant to the Federal Tort Claims Act. Paper No. 1. Currently pending before this Court is Defendants' Motion to Dismiss or for Summary Judgment. Paper No. 15. Although Plaintiff was notified by this Court that the Defendants had filed a dispositive motion which, if granted could result in the dismissal of his complaint, and he was notified of the need for his response thereto, he has failed to file a timely response. See Paper No. 16. Plaintiff contacted this Court by way of Motion for Indeterminate Extension of Time in this matter and was provided with an additional period of time within which to file his summary judgment response. See Paper No. 18. To date, there has been no response filed by Plaintiff and this case is now ripe for dispositive review. In his complaint Plaintiff alleges that Ms. Hart "slander and libel plaintiff per se on numerous occasions by publishing statements, which defendant either knew, or should have known, were not true". Paper No. 2 at p. 1. He further alleges that Ms. Hart's statements "injure[d] plaintiff's standing and reputation further negligently, recklessly, and/or intentionally

inflicting emotional distress and suffering upon the plaintiff." Id. Specifically, Plaintiff claims that Ms. Hart referred to him as a liar and a vexatious litigant with a morally deviant character. Id. Mr. Beckwith seeks damages in the amount of $70,000 in addition to any punitive damages "to be fixed by jury". Id. at p. 3. Plaintiff filed an amended complaint which, although received by Counsel for defendants was never received in this Court. A copy of the amended complaint has been provided to the Court by Counsel and has now been docketed in the case. See Paper No. 19. In the amended complaint Plaintiff adds that "Defendant Hart struck the person of Plaintiff with an object, causing injury thereby to the person of Plaintiff." Id. at p. 2. He alleges that, in addition to Ms. Hart, three other prison employees witnessed the assault on Plaintiff and failed to obtain medical attention for Plaintiff. Id. He adds that Defendant Hart acted out of retaliation against him for litigation. Id. He claims that the use of force by Ms. Hart violated his Eighth Amendment right against cruel and unusual punishment; that his First Amendment rights were infringed; and that Defendants Holler, Giarth and Navalaney negligently failed to protect him from injury. Id. Motion to Dismiss Under the FTCA, the United States is liable, as a private person, for "injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting under the scope of his office or employment." 28 U.S.C.

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