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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND FREDA OVERSTREET v. CALVERT COUNTY HEALTH DEPARTMENT, and STATE OF MARYLAND, DEPARTMENT OF HEALTH AND MENTAL HYGIENE and BOARD OF COMMISSIONERS OF CALVERT COUNTY : : : : : : : : : : : : : : : : : : :

Civil No. CCB-99-2027

MEMORANDUM Now pending before this Court is a motion for summary judgment pursuant to Fed.R.Civ.P. 56 brought by defendant Board of County Commissioners of Calvert County, Maryland ("BCC"). Also pending is a motion to dismiss brought by the Maryland Department of Health and Mental Hygiene ("DHMH") and the Calvert County Health Department ("CCHD"). Plaintiff Freda Overstreet

brought this civil action alleging that she was discriminated against on the basis of her "addiction" to marijuana in violation of the Americans with Disabilities Act (ADA). Plaintiff filed After

her initial complaint in July of 1999 against CCHD.

surviving a motion to dismiss,1 plaintiff filed an amended

An Order and an accompanying Memorandum denying the motion to dismiss were entered on June 19, 2000.

1

complaint in June of 2000 alleging identical ADA violations by CCHD, DHMH, and the Board. Defendants CCHD and DHMH filed an Because plaintiff

unopposed motion to dismiss on June 4, 2001.

has conceded that her claims against CCHD and DHMH must be dismissed, the motion will be granted. J. at 2 n.1.) (See Pl.'s Opp. to Summ.

Defendant BCC filed the present motion for summary

judgment on June 8, 2001, and for the reasons set forth below, the court will grant BCC's motion. briefed and no hearing is necessary. This matter has been fully See Local Rule 105.6.

BACKGROUND Freda Overstreet is an addictions counselor certified by the State of Maryland. (Compl. at

Download Freda Overstreet v. Calvert County Health Department.pdf

Maryland Law