Bailey v. Anne Arundel County, Maryland, No. CIV.H-01-4044.

• Decision Date: 14 March 2003
• Docket Number: No. CIV.H-01-4044.
• Citation: 259 F.Supp.2d 421
• Parties: Dennis M. BAILEY Plaintiff v. ANNE ARUNDEL COUNTY, MARYLAND Defendant
• Court: U.S. District Court — District of Maryland

259 F.Supp.2d 421

Dennis M. BAILEY Plaintiff v. ANNE ARUNDEL COUNTY, MARYLAND Defendant

No. CIV.H-01-4044.

United States District Court, D. Maryland.

March 14, 2003.

Mark Wayne Howes, Mark W. Howes, Esquire, Paul V. Bennett, Law Office of Paul V. Bennett, Annapolis, MD, for Plaintiff.

William D. Evans, Jr., Anne Arundel County Office of Law, Annapolis, MD, for Defendant.

MEMORANDUM OPINION

ALEXANDER HARVEY, II, Senior District Judge.

Plaintiff Dennis M. Bailey ("Bailey") is a Caucasian male over the age of 46 years who is currently employed by defendant Anne Arundel County (the "County") as a lieutenant in the Anne Arundel County Police Department. In this civil action, plaintiff has sued the County under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq. ("Title VII") and under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621, et seq. (the "ADEA"). Bailey claims that he was denied a promotion by defendant on account of his race, his sex and his age.

Pending before the Court is defendant's motion for summary judgment. In support of that motion, defendant has filed a memorandum of law and various exhibits, including deposition excerpts. An opposition to defendant's pending motion has been filed by plaintiff together with supporting exhibits, and defendant has replied to that opposition. A hearing on defendant's pending motion for summary judgment has been held in open court.

The Court has now had an opportunity to review the pleadings, memoranda and exhibits submitted in support of and in opposition to defendant's pending motion. Due consideration has been given to the oral arguments of counsel. For the reasons stated herein, defendant's motion for summary judgment will be granted.

I Background Facts¹

Plaintiff Bailey joined the Anne Arundel County Police Department in 1982 as a patrol officer. In 1986, he was promoted to the position of police sergeant, and he was again promoted in 1993 to the position of police lieutenant.

On or about February 23, 2001, defendant posted an internal position announcement indicating that there was an opening for the position of captain within the County Police Department. The announcement stated that there were three minimal requirements for the job: (1) graduation from high school and three or more years (a minimum of 90 credits) at an accredited college or university; (2) a total of eight or more years experience with the County Police Department, of which four or more years were in police administration and of which two or more years were at the rank of lieutenant with the County Police Department; and (3) possession of a valid motor vehicle operator's license. The announcement further stated that those candidates meeting the minimum requirements would be comparatively considered according to their relative qualifications and placed on an eligibility list. Placement on the eligibility list would be determined based solely on an assessment of the documentation in each candidate's submission of the following factors: (1) law enforcement experience in police management, operations, community relations, and policy and leadership development; (2) budgeting responsibilities and administration; (3) higher education; and (4) training, non-accredited education and professional development.

On March 26, 2001, applications for the position closed following submissions by nine Caucasian males and one black female. The applicants were the following: Athena M. Baker ("Baker Marpel"),² Thomas E. Rzepkowski ("Rzepkowski"), James A. Fahrman ("Fahrman"), David E. Pressley ("Pressley"), Mark H. Morgan ("Morgan"), Joseph H. Bisesi, Sr. ("Bisesi"), plaintiff Dennis M. Bailey ("Bailey"), Keith M. Conrad ("Conrad"), Jeffrey A. Kelly ("Kelly") and Thomas V. Wheeler ("Wheeler"). Patricia Hopkins ("Hopkins"), an Assistant Personnel Officer, reviewed the applications and determined that each of the ten candidates met the minimal requirements for consideration for the position. Hopkins then scored each of the candidates using the so-called Matchmaker System³ and created a "Police Captain Eligibility List" based on the candidates' scores. The candidates received the following scores: Baker Marpel (score of 76), Rzepkowski (score of 74), Fahrman (score of 68), Pressley (score of 62), Morgan (score of 62), Bisesi (score of 60), plaintiff Bailey (score of 58), Conrad (score of 49), Kelly (score of 48), and Wheeler (score of 46). Plaintiffs score of 58 ranked him seventh on the Eligibility List, while Baker Marpel, the candidate ultimately promoted, received a score of 76 which ranked her first on the list.

In accordance with the Anne Arundel County Code, a certified list was then created containing the names of the top three candidates on the Eligibility List.⁴ Because Bailey was ranked seventh on the Eligibility List, his name was not placed on the certified list. The certified list was then sent to Police Chief P. Thomas Shanahan for review and interview of the candidates. Following interviews during the month of April, 2001 held with each of the candidates listed on the certified list, Chief Shanahan promoted Baker Marpel to the rank of captain on May 24, 2001.

On August 21, 2001, plaintiff filed a complaint of discrimination with the Equal Employment Opportunity Commission ("EEOC"), asserting the he had been denied the promotion to captain solely because of his race, sex and age. On September 27, 2001, the EEOC sent plaintiff a letter concluding that there was insufficient evidence to establish a violation by the County of Title VII or the ADEA and advising plaintiff that he had the right to sue in federal court. On December 26, 2001, Bailey filed a complaint in this Court alleging employment discrimination. Plaintiff is here seeking an injunction, back pay, compensatory damages, and attorneys' fees and costs.

II Summary Judgment Principles

A party moving for summary judgment bears the burden of showing the absence of any genuine issue of material fact and that it is entitled to judgment as a matter of law. Barwick v. Celotex Corp., 736 F.2d 946, 958 (4th Cir.1984). Where, as here, the plaintiff must bear the ultimate burden of persuasion at trial, "the burden on the moving party [at the summary judgment stage] may be discharged by `showing'— that is, pointing out to the district court— that there is an absence of evidence to support the nonmoving party's case." Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

One of the purposes of Rule 56 of the Federal Rules of Civil Procedure is to require a plaintiff, in advance of trial and after a motion for summary judgment has been filed and properly supported, to come forward with some minimal facts to show that a defendant may be liable under the claims alleged. See Rule 56(e). If the nonmoving party "fail[s] to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof," then "the plain language of Rule 56(c) mandates the entry of summary judgment." Catrett, 477 U.S. at 322, 323, 106 S.Ct. 2548.

While the facts and all reasonable inferences drawn therefrom must be viewed in the light most favorable to the party opposing the motion, Ross v. Communications Satellite Corp., 759 F.2d 355, 364 (4th Cir.1985), "when the moving party has carried its burden under Rule 56(c), its opponent must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). "`A mere scintilla of evidence is not enough to create a fact issue; there must be evidence on which a jury might rely.'" Barwick, 736 F.2d at 958-59 (quoting Seago v. North Carolina Theatres, Inc., 42 F.R.D. 627, 640 (E.D.N.C. 1966), aff'd, 388 F.2d 987 (4th Cir.1967)). A genuine issue; of material fact cannot be created "through mere speculation or the building of one: inference upon another." Beale v. Hardy, 769 F.2d 213, 214 (4th Cir.1985). Moreover, only disputed issues of material fact, determined by reference to the applicable substantive law, will preclude the entry of summary judgment. "Factual disputes that are irrelevant or unnecessary will not be counted." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

In the absence of a minimal showing by a plaintiff that the defendant may be liable under the claims alleged, a defendant should not be required to undergo the considerable expense of preparing for and participating at a trial. See Anderson, 477 U.S. at 256-57, 106 S.Ct. 2505; Catrett, 477 U.S. at 323-24, 106 S.Ct. 2548. Indeed, the Fourth Circuit has stated that, with regard to motions for summary judgment, the district courts have "an affirmative obligation... to prevent `factually unsupported claims and defenses' from proceeding to trial." Felty v. Graves-Humphreys Co., 818 F.2d 1126, 1128 (4th Cir.1987) (quoting Catrett, 477 U.S. at 323-24, 106 S.Ct. 2548).

In considering a motion for summary judgment in a discrimination case like this one, a trial court must take special care because motive is often the crucial issue. Ballinger v. North Carolina Agric. Extension Serv., 815 F.2d 1001, 1005 (4th Cir.), cert. denied, 484 U.S. 897, 108 S.Ct. 232, 98 L.Ed.2d 191 (1987). Nevertheless, disposition of a Title VII or an ADEA suit under Rule 56 is appropriate if the plaintiff cannot prevail as a matter of law. Conkwright v. Westinghouse Elec. Corp., 739 F.Supp. 1006, 1013 (D.Md.1990), aff'd, 933 F.2d 231 (4th Cir.1991). Indeed, "one purpose of the allocation of burdens of proof and production in Title VII and ADEA actions is to help district courts to identify meritless suits and stop them short of a full trial." Id. at 1013 (citations omitted).

Applying these principles to the facts of record here, this Court has concluded that defendant's motion for summary judgment must...