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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ABROM D. HAYES * * Plaintiff, * * v. * Civil Action No. JFM-98-1666 * VOLUNTEERS OF AMERICA, et al. * * Defendants. * ************* MEMORANDUM Plaintiff, Abrom D. Hayes, has brought this action against defendants Volunteers of America ("VOA") and its Vice President, Steve Abbott, Prince George's House, Ruth Ramsey, the Program Director at Prince George's House, Andrew Cuomo, the Secretary of the Department of Housing and Urban Development, Prince George's County Government, Gretchen Crosland, the Vice President of Maryland Operations at Volunteers of America Chesapeake, Parris Glendening, the Governor of the State of Maryland, and Kenneth Rumsey, the Interim Director of the Maryland Department of Social Services. Mr. Hayes alleges that defendants violated the Fair Housing Act ("FHA") and the Americans with Disabilities Act ("ADA") by providing inadequate ventilation in the Prince George's House homeless shelter. Defendants VOA, Abbott, Cuomo, Ramsey, Crosland, and Prince George's House have filed motions to dismiss the action and motions for summary judgment. Their motions will be granted, and this Court will sua sponte grant summary judgment for the remaining defendants.1

The defendants who filed motions have based those motions on a variety of grounds, including issues of standing and their individual lack of involvement with Prince George's House. Because I find fundamental deficiencies in Mr. Hayes's substantive claims, I need not 1

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I. Mr. Hayes entered the Prince George's House, a homeless shelter for single men, as a resident on or about December 16, 1997. The facility is centrally heated and air-conditioned. The shelter assigned Mr. Hayes to a handicapped bed because of the recurring heart problems that he described to the staff during intake. However, Mr. Hayes felt that the ventilation in the shelter was poor or inadequate and that it aggravated his heart condition. On January 5, 1998, an ambulance took Mr. Hayes to Prince George's General Hospital where he was treated and released. He was again taken by ambulance to the hospital on February 4, 1998, and again he was treated and released. On February 12, 1998, Mr. Hayes requested a seven day pass to leave the shelter and stay with friends to improve his health. The pass request was granted. After the pass expired, Mr. Hayes submitted another leave request, which was denied. However, he was away from the shelter without leave for the next few days, and he voluntarily left the shelter with his personal property on February 23, 1998. II. Mr. Hayes contends that defendants violated the FHA and the ADA by having poor ventilation in Prince George's House. Both the FHA and the ADA define "handicapped," or "disabled," respectively, to mean: (1) a physical or mental impairment which substantially limits one or more of such person's major life activities, (2) a record of having such an impairment, or (3) being regarded as having such an impairment.

decide the motions on those procedural grounds. 2

42 U.S.C.

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