Malpractice Case Against Corizon Correctional Health Care Dismissed: The Court of Special Appeals of Maryland affirmed the dismissal of a prison medical malpractice case filed against Corizon Correctional Health Care because of improper service or process, in its unreported opinion dated December 2, 2022.
Corizon filed its Motion to Dismiss for Lack of Jurisdiction, Insufficiency of Process, and Insufficiency of Service of Process, in which it stated: “[Mr. Nolan] made three attempts to serve Corizon via certified mail at its Tennessee headquarters. First, on November 10, 2021, by delivery of the Complaint and a handwritten “summons” signed by [Mr. Nolan] not made under seal of [the] Court. Second, on December 1, 2021, by delivery of a single page of a court-issued summons, but not the entire summons or the complaint. Third, on January 12, 2022, by delivery of the complaint and
a court-issued summons dated October 28, 2021.
“The first attempt to serve Corizon was invalid because the “summon[s]” was handwritten by [Mr. Nolan] and not issued by the Court, in violation of Md. Rule 2-114(a), which requires the summons to be “under the seal of the court and signed by the clerk.” Md. Rule 2-114(a). The second attempt to serve Corizon was invalid because service requires delivering “a copy of the summons, complaint, and all other papers filed with it,” and it only included a single page of the summons and no complaint. Md. Rule 2-121(a). The third attempt to serve Corizon was invalid because the court issued summons dated October 28, 2021 was more than 60 days old, and a summons is effective for service only if served within 60 days after the date it is issued. Md. Rule 2-113. Thus, the summons was “dormant” when it was served on Corizon and had no effect. Id. Moreover, service of a corporation requires “serving its resident agent, president, secretary, or treasurer,” which was not completed. Md. Rule 2-124(d).
“Because service was improper on Corizon, this Court has not obtained personal jurisdiction over Corizon, and [Mr. Nolan’s] Complaint should be dismissed.”
The trial court dismissed the case, and Mr. Nolan appealed.
The Maryland Appellate Court affirmed the dismissal, stating: “Mr. Nolan does not cite any authority that excuses the deficiencies in his services of process simply because an employee of Corizon “signed” for the certified mailings, and we have stated that a “party’s failure to comply with the Maryland Rules governing service of process constitutes a jurisdictional defect that prevents a court from exercising personal jurisdiction over the defendant” … Furthermore, Mr. Nolan does not cite any authority that interprets Rule 1-322(d), which governs filings by “self-represented individuals who . . . are confined in a correctional or other detention facility,” to exempt those individuals from the 60-day deadline imposed by Rule 2-113 for service of a summons. Finally, Mr. Nolan does not cite any authority that excuses him from the requirements for service of process simply because Corizon may have previously settled complaints filed by other parties. For these reasons, the court did not err in granting the motion to dismiss.”
Source Nolan v. Corizon Correctional Health Care, No. 406 September Term, 2022.
If you or a loved one were injured due to deliberate indifference or the lack of appropriate medical care while incarcerated in a prison, jail, or other correctional facility in Maryland or in another U.S. state, you should promptly seek the legal advice of a Maryland medical malpractice lawyer, or a medical malpractice lawyer in your state, who handles prisoner/inmate medical malpractice claims and may investigate your claim and represent you, if appropriate.
Visit our website or call us toll-free in the United States at 800-295-3959 to be connected with prisoner rights lawyers in your state who may assist you.
Turn to us when you don’t know where to turn.