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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : ANDRE B. HUNTER, et al. : v. PRINCE GEORGE'S COUNTY, et al. : MEMORANDUM OPINION Pending before the court and ready for resolution is the Motion for Summary Judgment of Defendants Prince George's County ("County") and Theresa Lloyd, Ronald Hassan and John Fletcher of the Prince George's County Fire Department ("Department").1 No : Civil Action No. DKC 98-2434 :

hearing is deemed necessary, and the court now rules pursuant to Local Rule 105.6. grant the motion. I. Background Plaintiffs, Andre and Paulette Hunter, assert various claims against Defendants under federal civil rights statutes and the United States Constitution arising from Mr. Hunter's service as a For the reasons that follow, the court shall

Plaintiffs filed an amended complaint on October 27, 1998. Paper no. 15. On July 23, 1999, Plaintiffs filed a motion for leave to amend their amended complaint. Paper no. 43. That motion was not ruled on before their case was dismissed on December 30, 1999, Paper no. 51, or since the dismissal was vacated, Paper no. 56. In the current matter, neither party expressly refers to the unverified, proposed amended complaint. Thus, for purposes of this motion, the court considers the facts and counts as set forth in Plaintiff's amended complaint, i.e., Paper no. 15. Nevertheless, even if the court considered the facts alleged in the proposed amended complaint, the outcome would not change.

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firefighter.

Mr. Hunter's claims against Defendants Lloyd, Hassan

and Fletcher (the "individual Defendants") are (a) under 42 U.S.C.

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Maryland Law