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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

Steven Jenkins, et al. Plaintiffs v. Baltimore City Fire Department, et al. Defendants. * * * * * * * *

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CIVIL NO. SKG-10-125

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MEMORANDUM OPINION AND ORDER Plaintiffs, five current or former African American Baltimore City Fire Department employees, filed a Title VII employment suit alleging race discrimination against the Baltimore City Fire Department ("BCFD") and the Mayor and City Council of Baltimore ("City"). Presently before the Court is defendants' (ECF No. 47). For the reasons set

motion for summary judgment.

forth below, the Court GRANTS defendants' motion. I. Procedural History

On August 23, 2007, plaintiffs filed charges with the EEOC alleging that the BCFD violated Title VII of the Civil Rights Act of 1964 by denying them promotion based on their African American race. (ECF No. 47-2, 2-6). On February 17, 2009, the

EEOC issued a determination that, based on defendants' failure to respond to the EEOC's requests for a response to the charges, 1

there was reasonable cause to believe that defendants violated Title VII. (ECF No. 47-28, 2-11). The EEOC forwarded

plaintiffs' charges to the Department of Justice ("DOJ"), which declined to file suit on behalf of plaintiffs, and, on October 19, 2009, issued plaintiffs notices of right to sue. 47-3, 2-6). On January 19, 2010, plaintiffs filed a complaint in this Court alleging that defendants racially discriminated against them in violation of Title VII. (ECF No. 1). On August 13, Briefing (ECF No.

2011, defendants filed a motion for summary judgment. was complete as of December 1, 2011. Court held a hearing. (ECF No. 61). II. Facts

On January 30, 2012, the

The Court sets forth the facts presented by the parties in the light most favorable to plaintiffs, the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). The facts are, however, largely undisputed. What

is disputed is the intention of the defendants in the actions they took and what, if any, inferences of discriminatory animus can be reasonably drawn from the facts. In June 2007, plaintiffs Steven Jenkins, Michael Johnson, and Theresa Jones were firefighters with BCFD, and plaintiffs Jarrett Stafford and Rodney Williams were lieutenants with BCFD. (ECF No. 1,

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