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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND DAVID C. SILVERA v. HOME DEPOT U.S.A., INC. * * * * * * *

Civil No. DKC 00-2529

MEMORANDUM OPINION Plaintiff David C. Silvera brought this diversity action seeking damages for wrongful discharge, false imprisonment,

malicious prosecution, defamation, and intentional infliction of emotional distress. Defendant's motion for summary judgment is No hearing is deemed necessary.

pending and ready for resolution. Local Rule 105.6 (D. Md.).

For the reasons set forth below,

Defendant's motion for summary judgment will be granted. 1. Background. The following facts are either undisputed or are construed in the light most favorable to Plaintiff. Defendant Home Depot U.S.A., Inc. (Home Depot) hired Mr. Silvera in August 1995 as a cashier. his discharge on June 19, 1999. subject of this dispute. On June 19, 1999, Angelo Crump, while shopping in Home Depot, was observed by store manager Rob Woodward removing a security tag from a wet saw. manager notified Pl.'s Opp'n at 2; Woodward Dep. at 70-73. loss prevention personnel, who The He held this position until

The events of that day are the

undertook

surveillance of Crump. Metellus Dep. at 75.

Woodward Dep. at 71; Davis Dep. at 49; Crump subsequently proceeded to cashier Mr. Silvera scanned

Silvera's checkout at lane number thirteen.

items in Mr. Crump's cart, Mr. Crump paid for the items and left the store. Pl.'s Opp'n at 1-2; Def.'s Mot. Summ. J. at Ex. 18.

At least one of the security officers, Metellus, watched Crump exit the store immediately after leaving Silvera's register,

although Crump was not within anyone's surveillance for a minute or so after he left the store while Davis checked the register tape. Metellus Dep. at 109, 122. line, Home Depot security Shortly after leaving Mr. Silvera's personnel Michael Davis and Billy

Metellus apprehended Mr. Crump in the parking lot for allegedly stealing a large wet saw, valued at approximately $298, and nippers valued at $18.50. The receipt Mr. Crump had received from Mr.

Silvera showed that the saw and nippers had not been scanned. Def.'s Mot. Summ. J. at Ex. 18. Mr. Crump was escorted to the Home

Depot security offices, where he admitted that he had stolen the items, and he implicated Mr. Silvera under a conspiracy theory. Def.'s Mot. Summ. J. at Ex. 20 and Ex. 21; Davis Dep. at 85-86; Davis Decl. at

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