Preview:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND EDDIE LEE CLARK v. STATE OF MARYLAND DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES, et al. * * * Civil No. JFM-02-2293 * * * * * *****

MEMORANDUM Eddie Lee Clark brings suit against the Roxbury Correctional Institution ("RCI") and five individual officers. Plaintiff's complaint contains eight separate counts against RCI and the individual officers arising out of alleged instances of racial harassment and plaintiff's eventual termination. Defendants have moved to dismiss all eight counts pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). For the reasons detailed below: (1) Counts I (racial discrimination), II (civil conspiracy), III (wrongful discharge), IV (tortious interference with prospective advantage), and V (intentional infliction of emotional distress) are dismissed without prejudice. Counts VI (breach of contract), VII (negligent hiring), and VIII (negligent supervision) and the claims against RCI and the individual officers in their official capacities in Counts II, IV, and V are dismissed with prejudice. I. In early 2000, RCI hired plaintiff as a correctional officer. Plaintiff is African-American. RCI is a Maryland Department of Corrections ("DOC") facility located in Hagerstown, Maryland.

1

From February 2000 to January 2001, plaintiff alleges that he was subjected to various forms of racial discrimination. The alleged discrimination includes verbal harassment, unfair work assignments, inappropriate denials of leave, disciplinary actions not in accordance with DOC regulations, and wrongful termination. The alleged discriminatory acts form the basis for all eight counts of plaintiff's complaint.1 For relief, plaintiff seeks: (1) declaratory and equitable relief under 28 U.S.C.

Download Eddie Lee Clark v. State of Maryland Department of Public Safety and Correctiona

Maryland Law