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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND DEANN POSEY v. CALVERT COUNTY BOARD OF EDUCATION, et al. : : : : : :

Civil Action WMN-02-2130

MEMORANDUM Before the Court is Defendant Gene Rizzo's Motion to Dismiss Plaintiff's Common-Law Claims (Paper No. 20). for decision. The motion is ripe

Upon a review of the pleadings and applicable case

law, this Court determines that no hearing is necessary (Local Rule 105.6) and that Defendant's motion will be denied. Plaintiff has been employed as a secretary for Defendant Calvert County Board of Education (the Board) since 1993. In the

course of her employment, Plaintiff worked as a secretary for Defendant Gene Rizzo while he was Principal of Calvert Elementary School. On November 10, 2000, Rizzo entered and hid in After she arrived home that evening, he

Plaintiff's home.

listened to her conversation with a guest and then sneaked into her bathroom and confronted Plaintiff while she was in the shower. Plaintiff reported these events to Defendant Dr. James

Hook, the Board's Superintendent and asked that Rizzo be removed as her supervisor. Hook removed Plaintiff from her position. Plaintiff alleges

that she then endured "pleading phone calls and other unwelcome conduct" from Rizzo while she was at work. Plaintiff claims that

Rizzo sneaked up behind her on two separate occasions on or about January 4, 2001, and touched her arms and shoulders, without her consent or permission. Plaintiff filed this complaint after exhausting her administrative remedies. Plaintiff alleges a hostile

environment, sex discrimination (Count I), Section 1983 Civil Rights violation (Count II), Trespass (Count III), Battery (Count IV), Intentional Infliction of Emotional Distress (IIED) (Count V), and Invasion of Privacy (Count VI). In a previous decision,

the Court dismissed Count II entirely and Count IV against the Board. Defendant Rizzo now moves to dismiss Counts III, IV, V,

and VI arguing that the Court should decline to exercise supplemental jurisdiction over these state law claims. This Court has federal question jurisdiction over Count I, the hostile environment, Title VII claim. Plaintiff's trespass,

battery, intentional infliction of emotional distress, and invasion of privacy claims are based on common law and do not raise a federal question. In order for this Court to exercise

jurisdiction over those common law claims, the requirements for supplemental jurisdiction under 28 U.S.C.

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Maryland Law