Blake v. Baltimore County, Md., Civ. No. L-07-50.

• Decision Date: 30 September 2009
• Docket Number: Civ. No. L-07-50.
• Citation: 662 F.Supp.2d 417
• Parties: William BLAKE, Plaintiff, v. BALTIMORE COUNTY, MARYLAND, et al., Defendants.
• Court: U.S. District Court — District of Maryland

662 F.Supp.2d 417

William BLAKE, Plaintiff, v. BALTIMORE COUNTY, MARYLAND, et al., Defendants.

Civ. No. L-07-50.

United States District Court, D. Maryland.

September 30, 2009.

Kathleen M. Cahill, Law Offices of Kathleen M. Cahill, Towson, MD, for Plaintiff.

Jeffrey Grant Cook, John Edward Beverungen, Towson, MD, for Defendants.

MEMORANDUM

BENSON EVERETT LEGG, Chief Judge.

This is an action brought under both the Americans with Disabilities Act (the "ADA") and 42 U.S.C. § 1983. On April 24, 1996, Plaintiff William Blake—a Baltimore County Police Officer for over twenty years—had what was later diagnosed as a seizure. The seizure occurred shortly after Blake reported to his precinct. He was treated for the seizure and cleared to return to full duty effective May 10, 1996. In the thirteen years following the episode, Blake has experienced neither similar symptoms nor any other seizure-like events.

In the summer of 2006, Blake learned that a fellow officer, Philip Crumbacker, had suffered a seizure on the job and was appealing the police department's order compelling his involuntary disability retirement. At Crumbacker's request, Blake appeared as a witness at Crumbacker's hearing before the Baltimore County Board of Appeals on August 31, 2006. During the hearing, Blake described his 1996 seizure, confirmed that his supervisors were aware of the episode, and testified that he had fully performed his duties since then without incident or further reevaluation.

The day after Blake testified, Police Chief Terrence Sheridan ordered him to submit to fitness-for-duty medical examinations. Over his objection and reservation of rights, Blake reported for the mandatory evaluation on September 5, 2006. The police department's examining physician found Blake fit for duty, but nonetheless recommended that Blake undergo an electroencephalogram ("EEG"). On December 14, 2006, Sheridan ordered Blake to appear for this additional test. Following that order, Blake filed the instant suit.

Blake's Second Amended Complaint asserts two causes of action. Count I states a claim under 42 U.S.C. § 1983, asserting that requiring Blake to submit to a fitness for duty examination and EEG violates his constitutional right to privacy. Count II alleges that Defendants' conduct violates the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (the "ADA").

On July 1, 2008, this Court issued an opinion containing two primary rulings. First, the Court issued a preliminary injunction prohibiting Defendants from requiring Blake to submit to further medical evaluation, including an EEG. Second, the Court partially granted and partially denied Defendants' motion for summary judgment on Blake's § 1983 claims.

Now pending are: (i) Plaintiff's Motion for Summary Judgment on Second Amended Complaint, and (ii) Defendants' Motion for Summary Judgment as to the Remainder of Count 1. The Court heard oral argument on the parties' motions on July 1, 2009. For the reasons that follow, the Court will (i) DENY Plaintiff's motion, (ii) GRANT Defendants' motion, and (iii) SCHEDULE a telephone conference to discuss the next phase of the case.

I. FACTUAL BACKGROUND

A. Blake's Employment History and Seizure

Blake joined the Baltimore County Police Department on August 5, 1987. He has been a detective since September 1994 and a member of the criminal intelligence unit since June 1999. On the morning of April 24, 1996, Blake reported to work at the Cockeysville precinct. Shortly after arriving at his desk, he became nauseated and dizzy, and briefly lost consciousness. He was transported by ambulance to the hospital, where he was joined by his commanding officer and other supervisors. Blake was evaluated by emergency room physicians and discharged later that day with instructions to follow up with neurologist Howard Moses. Dr. Moses examined Blake on or about May 8, 1996 and cleared Blake to return to full duty with no further treatment.¹

After submitting the necessary paperwork documenting his absence and neurologist's clearance, Blake returned to duty on May 10, 1996. Blake has not experienced another seizure, or any similar symptoms, since his return to the police force and—prior to 2006—his fitness for duty was never questioned by the Baltimore County Police Department.

B. Crumbacker's Seizures and Forced Disability Retirement

On September 6, 2004, Officer Crumbacker had a seizure while behind the wheel of his police car. At the time he lost consciousness, Crumbacker was responding to an emergency call and was driving at a high rate of speed along a heavily traveled highway. His car crossed three lanes of traffic before crashing into a construction site.

Because Crumbacker's seizure was not his first, his physicians diagnosed him with a seizure disorder and prescribed medication. Although Crumbacker expressed his wish to remain on the police force, the police department applied for and was granted disability retirement for Crumbacker in March 2006.² Crumbacker appealed this ruling to the Baltimore County Board of Appeals.

Upon learning of his fellow officer's forced retirement, Blake sought out Crumbacker to offer his support. Blake related the story of his 1996 seizure and noted that he had performed his duties without incident or interference from the police department since the episode. When Crumbacker's attorney learned of this conversation, he subpoenaed Blake to testify at Crumbacker's Board of Appeals hearing.

At the August 31, 2006 hearing, Blake described his 1996 symptoms and subsequent diagnosis of a temporal lobe seizure. He noted that the police department had not required him to be reevaluated since his neurologist approved his return to the police force ten years prior, other than to retest his qualifications on the firearms range immediately following his return to work. Blake also confirmed that his supervisors were aware of this incident. Also appearing at Crumbacker's hearing was Officer Jeffrey Ward, who testified that he, too, had experienced a seizure during his employment with the Baltimore County Police Department.³

C. Defendants' Response

Shortly after Crumbacker's hearing concluded, Chief of Police Terrence Sheridan received a phone call from the Baltimore County attorney representing the Board of Appeals. During their conversation, the attorney informed Sheridan that Blake and Ward had testified on behalf of Crumbacker, and had disclosed their prior seizures. In response, Sheridan convened a meeting with police department leadership and ordered that the officers be required to submit to fitness for duty examinations.

During his deposition, Sheridan testified that he did not review Blake's personnel file or performance evaluations prior to ordering Blake to have a fitness for duty examination. He also did not review any medical records concerning Blake's 1996 seizure, nor did he seek the advice of a physician as to the potential significance of Blake's medical history. Nor did he question Blake about his testimony. Instead, Sheridan testified that he ordered the fitness for duty examinations based on (i) Crumbacker's incident, (ii) Blake's testimony that he had experienced a seizure in 1996, and (iii) police officers' general "incentive to under report the number of seizures" they have had.⁴

By letter dated September 1, 2006, Sheridan ordered Blake to appear for a "workability examination" scheduled by the police department with Dr. Peter Oroszlan. The letter also instructed Blake to bring all medical records and test results that would assist the examining physician in making his determination.

D. Blake's Fitness for Duty Examination

On September 5, 2006, Blake appeared as scheduled for his fitness for duty examination.⁵ After reviewing Blake's medical history and conducting a physical examination, Oroszlan drafted a six page report summarizing his findings. In his report, Oroszlan declared Blake fit for duty. Notwithstanding that declaration, Oroszlan also stated that, "it is reasonable to request that Blake at least undergo a random electroencephalogram even if the yield is expected to be low." By letter dated December 14, 2006, Sheridan ordered Blake to appear for an EEG scheduled by the police department for December 20, 2006. After postponing the scheduled test, Blake filed this lawsuit in Maryland state court on January 8, 2007. Defendants timely removed to this Court.

E. The Instant Litigation

Following a hearing on April 4, 2008, this Court issued a written opinion containing two primary rulings. First, the Court issued a preliminary injunction prohibiting Defendants from requiring Blake to submit to further medical evaluation, including an EEG. Second, the Court partially granted and partially denied Defendants' motion for summary judgment on Blake's § 1983 claims. In particular, the Court granted summary judgment to Chief Sheridan on the ground that he enjoyed qualified immunity from suit. The remaining § 1983 claims—in addition to the ADA claims—were tabled until the completion of discovery.

Discovery is now complete and the parties have filed renewed motions for summary judgment. In his motion, Blake seeks summary judgment for both his ADA and § 1983 claims. In its motion, Baltimore County seeks summary judgment only as to the § 1983 claim. For the reasons stated below, the Court DENIES Blake's motion and GRANTS the County's motion. Accordingly, Blake's § 1983 claim is dismissed and his ADA claims become the sole piece remaining in the case.

II. STANDARD OF REVIEW

The Court may grant summary judgment when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); see also Felty v. Graves-Humphreys...