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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOLOMON I. HEJIRIKA, et al. v. MARYLAND DIVISION OF CORRECTION, et al. * * * Civil No. JFM-02-3512 * * * * ***** MEMORANDUM Solomon I. Hejirika and Michael B. Ojo have brought suit against the Maryland Division of Corrections ("MDOC"), the Metropolitan Transition Center ("MTC") (an institution of the MDOC), two Wardens of the MTC (Eugene Nuth and Patricia Allen), and the Commissioner of the MDOC (William W. Sondervan). Plaintiffs' complaint contains seven separate counts arising out of alleged instances of racial harassment, retaliation, and discrimination based on national origin.1 Defendants have moved to dismiss six counts entirely and one count in part. For the reasons detailed below: (1) Counts V (breach of contract), VI (negligent hiring), and VII (negligent supervision) and the claims against MDOC/MTC and the individuals in their official capacities in Counts II, III, and IV are dismissed without leave to amend; (2) Counts II (civil conspiracy) and III (tortious interference with prospective advantage) are dismissed with leave to amend; (3) Count IV (intentional infliction of emotional distress) is dismissed without leave to amend; and (4) Count I will not be dismissed to the extent it alleges a failure to promote

While listing various statutes as the basis for relief at the beginning of their complaint, plaintiffs never make clear which statutes apply to which counts. To each count, I have endeavoured to apply the relevant law that is consistent with their allegations. 1

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due to discrimination based on national origin under Title VII.2 To the extent Count I alleges harassment or a hostile work environment founded on plaintiffs' national origin, it will be dismissed without leave to amend. I. Plaintiff Hejirika, a naturalized U.S. citizen of "African national origin," was hired by the MTC as a Correctional Officer Lieutenant in 1991.3 (Compl.

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