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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND STEVEN ALLEN, et al., Plaintiffs, v. LEONARD HAMM, et al., Defendants. * * * * * * * * * * * * * * * * * * Civil Action No.: RDB 05-879

MEMORANDUM OPINION This action arises out of a complaint filed by Baltimore City police officers Steven Allen, Bryan Bessling, Michael Cichowicz, William McKitrick, David Clauss, and Kevin Niebuhr ("Plaintiffs") against Leonard Hamm, Commissioner of the Baltimore City Police Department, Sean Malone, Interim Labor Commissioner of Baltimore City, George Balog, Director of the Department of Public Works, the Baltimore City Police Department, the Mayor of Baltimore, and the City Council of Baltimore ("Defendants").1 The complaint alleges that Defendants wrongfully discriminated against Plaintiffs on the basis of actual or perceived disabilities in violation of the Americans with Disabilities Act ("ADA") and Rehabilitation Act ("RA"). Presently pending before this Court are cross-motions for summary judgment filed by the parties. Defendants argue that they are entitled to judgment as a matter of law because Plaintiffs cannot perform the essential functions of a Baltimore City police officer, i.e., making a forcible arrest, firing a weapon of deadly force, and driving a vehicle under emergency conditions. The parties' submissions have been reviewed and a hearing was conducted on February 10, 2006. For the

Leonard Hamm, Sean Malone, and George Balog are named only in their official capacities. (See Am. Comp.

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