Preview:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND KURT J. ELLINGER, v. THOMAS C. FRAZIER, COMMISSIONER. * * * Civil No. JFM-98-3272 * * * * ***** MEMORANDUM

Plaintiff Kurt Ellinger has brought this action against defendant Thomas Frazier, the Commissioner of the Baltimore Police Department, under the Americans with Disabilities Act ("ADA"), claiming that he was denied a promotion based on Frazier's perception that Ellinger suffered from a disability. Defendant Frazier has filed a motion for summary judgment. The motion will be granted. I. Ellinger began working for the Baltimore Police Department in January 1981. In 1990, he injured his back. Two years later, on March 3, 1992, he was diagnosed with a herniated disc. After taking a few weeks medical leave, Ellinger returned to work in April 1992. Unfortunately, his back problems became so severe that he was immobile for four months and was absent from work from April to October 1992. Upon his return to work, he was temporarily placed on limited duty assignments in the Casual Section, Missing Persons. Since September 28, 1994 Ellinger has been performing his full and regular duties as a sergeant.

In 1994, Ellinger took an oral and written promotional examination for the rank of lieutenant, and as a result was ranked twenty-ninth on the list. After a series of departmental promotions in May of 1995 and 1996, Ellinger became the top ranked candidate on the list. Commissioner Frazier made another set of promotions on September 6, 1996, but skipped over Ellinger. Instead, Frazier promoted the candidates who were then ranked second, fifth, and sixth on the list. Ellinger contends that the sole basis for his being passed over for promotion was a perception by Frazier that Ellinger suffered from a disability due to his herniated disc. Ellinger filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") on April 21, 1997.1 On February 13, 1998 Ellinger was issued a right-to-sue letter by the EEOC. II. In order to have a "disability" as defined by the ADA an individual must either have an actual disability, have a record of a disability, or be regarded as having a disability. See 42 U.S.C.

Download Ellinger v Thomas C. Frazier.pdf

Maryland Law