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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : MARTIN FAIRCLOUGH : v. : Civil Action No. DKC 2001-4012

: BOARD OF COUNTY COMMISSIONERS OF ST. MARY'S COUNTY, MARYLAND: MEMORANDUM OPINION

Presently pending and ready for resolution in this employment discrimination and breach of contract case are (1) Defendant's motion to dismiss the complaint or, in the alternative, for summary judgment and (2) Plaintiff's motion under FED.R.CIV.P 56(f) for an order denying Defendant's motion for summary judgment or, in the alternative, for a continuance on a ruling on that motion pending discovery. The issues have been fully briefed and no hearing is Local Rule 105.6. For the reasons that follow,

deemed necessary.

Plaintiff's motion will be denied in part and granted in part, and Defendant's motion will be denied in part and granted in part. I. Background The following facts are uncontroverted or set forth in the light most favorable to Plaintiff. Plaintiff Martin Fairclough, a

white, Jewish male, was employed by Defendant Board of County Commissioners of St. Mary's County, Maryland ("Defendant" or "the Board") as its Director of Economic and Community Development from June 1996 to January 9, 2001. Plaintiff's supervisor was the

County Administrator, who is responsible for the daily operations of the St. Mary's County Government and is supervised by the Board. In January 2000, Alfred Lacer ("Lacer") was appointed County Administrator and became Plaintiff's immediate supervisor. In June 2000, Plaintiff entered into a new employment contract with the Board effective from June 3, 2000 to June 2, 2002. In the spring of 2000, Plaintiff was invited by the United States Navy to take a business development trip to the Farnborough Air Show in England. The Navy's principal aircraft research and

design facility is located at Patuxent River Naval Air Station in St. Mary's County, and Plaintiff had been involved in acting as a liaison between the public and private sectors. Plaintiff informed Lacer of the nature and benefits of the trip and the fact that the trip would not be financed through County funds, but, as of June 2000, Lacer had not approved the trip. On June 23, 2000, about

three days before Plaintiff was supposed to leave for the trip, he went to Lacer's office to discuss the trip, and Lacer told him he had decided to refuse permission for the trip. Plaintiff tried to

persuade Lacer to reconsider his decision, emphasizing that the County would not be paying for the trip and that it was an important opportunity for the County's economic development. When

Lacer refused to reconsider, Plaintiff told Lacer that "I am assuming you have no confidence in my abilities to implement economic development programs and assume you are seeking my

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resignation."

Paper no. 10 at 7.

Lacer then allegedly leapt from

behind his desk, shouted "that's what I would expect from a Jew!" and ushered Plaintiff out of his office. Id; Paper no. 1,

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