Jenkins v. Kurtinitis

• Decision Date: 20 March 2015
• Docket Number: Civil Action No. ELH-14-01346
• Parties: BRANDON JENKINS, Plaintiff, v. SANDRA KURTINITIS, et al. Defendants.
• Court: U.S. District Court — District of Maryland

BRANDON JENKINS, Plaintiff, v. SANDRA KURTINITIS, et al. Defendants.

Civil Action No. ELH-14-01346

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

March 20, 2015

MEMORANDUM OPINION

Plaintiff Brandon Jenkins, who unsuccessfully sought admission to the Radiation Therapy Program at the Community College of Baltimore County ("CCBC"), filed suit against four CCBC employees, in their official and individual capacities, pursuant to 42 U.S.C. § 1983. He alleges violations of the Free Speech Clause ("Count I") and the Establishment Clause ("Count II") of the First Amendment to the United States Constitution, as well as a violation of Article 36 of the Maryland Declaration of Rights (Religious Freedom) ("Count III"). ECF 1.

According to Jenkins, defendant Adrienne Dougherty, Program Director and Coordinator of the Radiation Therapy Program ("RTP") at CCBC, id. ¶ 11, violated his rights when she denied him admission to the RTP "on the basis of his expression of religious beliefs and viewpoint" in his admission interview. Id. ¶¶ 24-27, 60. Jenkins also alleges that defendant Sandra Kurtinitis, President of CCBC, id. ¶ 8, and defendants Mark McColloch and Richard Lilley, Vice-Presidents at CCBC, id. ¶¶ 9-10, violated his rights by "endorsing and approving" Dougherty's decision. Id. ¶ 61. Jenkins supplemented his Complaint with four exhibits: an email chain between Jenkins and Dougherty (ECF 9, "Dougherty Chain"); an email chain between Jenkins and Miriam Milsom, another CCBC official (ECF 9-1, "Milsom Chain"); ademand letter from Jenkins's counsel to Kurtinitis and Dougherty, outlining Jenkins's concerns (ECF 9-3, "Demand Letter"); and CCBC's response, through counsel (ECF 9-2, "CCBC Response").

Now pending is defendants' Motion to Dismiss, pursuant to Fed. R. Civ. P. 12(b)(6) (ECF 23, "Motion"), supported by a memorandum of law. ECF 23-1 ("Memo").¹ Defendants argue that many of Jenkins's claims for relief against defendants in their official capacities are barred by the Eleventh Amendment; that plaintiff fails to allege facts sufficient to push any of his claims from possible to plausible; and that, as to Count III, plaintiff failed to "satisfy conditions precedent" under the Local Government Tort Claims Act ("LGTCA"), Md. Code (2013 Repl. Vol.), § 5-304(a) of the Courts & Judicial Proceeding Article ("C.J."). Plaintiff opposes the Motion (ECF 26, "Opposition"),² and defendants have replied. ECF 27 ("Reply").

The Motion has been fully briefed, and no hearing is necessary to resolve it. See Local Rule 105.6. For the reasons that follow, I will limit the relief available to plaintiff against defendants in their official capacities, as required by the Eleventh Amendment. I will grant the Motion, in part, and deny it, in part.

I. Factual Background

Jenkins alleges that in January 2013 he applied for admission to CCBC's Radiation Therapy Program for the Fall 2013 semester. ECF 1 ¶ 15. It appears from the Complaint that Jenkins was already a student at CCBC when he applied to the RTP. See id. ¶ 18 (indicating grades in prerequisite courses without specifying awarding institution). According to Jenkins, CCBC's catalogue describes the program as follows: "'Radiation Therapy utilizes radiation and radioactive isotopes in the treatment of disease, primarily cancer. [A] Radiation Therapist provides services for treatment of malignant and non-malignant disease. [A] Radiation Therapist is responsible for localizing the tumor, implementing the treatment plan, observing and evaluating clinical progress of the patient.'" Id. ¶ 17 (alterations in Complaint) (quoting catalogue).³

According to Jenkins, "CCBC's admission policy" to the RTP is "based on a three-part point system with the following weighted areas: (1) Prerequisite GPA - 30%; (2) Interview & Observation Day - 40%; and (3) Writing Sample and Critical Thinking Exam - 30%." Id. ¶ 20. As to the first weighted area, Jenkins alleges his GPA exceeded the prerequisite GPA. CCBC's catalogue states that the "academic credentials of the most competitive candidates for CCBC's [RTP] include a minimum of 2.5 overall GPA and completion of select courses (including BIOL 109 or BIOL 220 & BIOL 221, MATH 135, PHYS 101 and RTTT 101) with a grade of 'C' orabove." Id. ¶ 16. When Jenkins applied, he "had completed each of the required courses and had obtained the following grade in each course: "B" in BIOL 109, "A" in MATH 135, "C" in PHYS 101, and "A" in RTTT." Id. ¶ 18. And, he had an overall GPA of 3.2. Id. As to the second weighted area, Jenkins alleges that he "scored the maximum points allowed during his observation." Id. ¶¶ 1, 29. As to the third weighted area, Jenkins states he completed a "writing sample and critical thinking exam on or about March 21, 2013," and was "invited to interview with program officials to compete for a spot...." Id. ¶ 21. Jenkins believes that his application for admission was denied because of comments he made during his admission interview, discussed, infra.

CCBC has a "Nondiscrimination and Equal Opportunity Policy," "published on CCBC's website," that Jenkins reproduces in his Complaint as follows, id. ¶ 14 (emphasis in ECF 1):

Nondiscrimination and Equal Opportunity

The Community College of Baltimore County does not discriminate against any individual for reason of race, sex, color, religion, national or ethnic origin, age, sexual orientation or conditions of handicap in the admission and treatment of students, educational programs and activities, scholarship and loan programs, hiring of faculty and staff, or any terms and conditions of employment.

CCBC recognizes the value of a diverse work force that is reflective of the students and of the community we serve, and as such, the college is committed to welcoming, respecting and embracing the differences and similarities of our employees and our students.

We acknowledge the richness of multiculturalism and diversity. We hold each member of the college community responsible and accountable for fostering a climate of acceptance, inclusion, respect and dignity of all persons.

Jenkins interviewed for admission to the RTP sometime between March 21, 2013, and April 19, 2013, see id. ¶¶ 21, 28, with "a panel of five representatives of CCBC, which included Defendant Dougherty...." Id. ¶ 23. Jenkins alleges that Dougherty "is responsible fortesting, and evaluation, and admissions to the program." Id. ¶ 11. Jenkins does not identify the other panelists or their roles. Nor does it appear that the three other defendants attended Jenkins's interview.

Jenkins recounts the details of his interview as follows, ECF 1:

23. Mr. Jenkins recalls that during the interview, he was asked what led him to pursue a career in radiation therapy, to which Mr. Jenkins responded that he first considered pursuit of a degree in the medical field following the suggestion of a friend and mentor that his skills made him an ideal candidate for nursing or a similar profession in the medical field.

24. At the time Mr. Jenkins applied ... , Mr. Jenkins served as the Director of Harvest House, Inc., a faith-based home for men working to overcome life-controlling problems, whose purpose is to help residents achieve spiritual, emotional, mental, and physical well-being through counseling, mentoring, job and financial training programs, and the development of supportive networks designed to help men set and reach goals, and overcome generational cycles of poverty, lack of education and unemployment.

25. Mr. Jenkins communicated to the panelists that two of his greatest strengths include that he is a "people person" and a "team player."

26. Also during the interview, the panelists asked Mr. Jenkins the broad question, "What is the most important thing to you?" Mr. Jenkins simply answered, "My God."

27. The panel did not follow up with further questions regarding Mr. Jenkins religious beliefs ... .

In his Opposition, plaintiff also states that he "indicated during the admissions process that one of the reasons he was pursuing a career in radiation therapy was 'that God led him to it.'" ECF 26 at 15 (quoting CCBC Response, ECF 9-2 at 4); see also ECF 26 at 22.⁴

On April 19, 2013, Jenkins received notice that he had not been selected for the RTP. Id. ¶ 28. Two days later, on April 21, 2013, Jenkins emailed Dougherty "requesting 'the reason(s) [he] was not chosen" for the RTP. Id. ¶ 30 (quoting Dougherty Chain, ECF 9 at 2) (alterations in Complaint). Forty-five minutes later, Dougherty "identified two areas in which Mr. Jenkins scored lower than other candidates: (1) his GPA and (2) his interview." ECF 1 ¶ 33. Dougherty stated that "'there were other students who had higher GPA scores, which [accounts for] 30% of the evaluation process.'" Id. ¶ 34 (quoting Dougherty Chain, ECF 9 at 1) (alterations in Complaint). As to the interview, Dougherty said the following, id. ¶ 35 (quoting same):

I understand that religion is a major part of your life and that was evident in your recommendation letters, however, this field is not the place for religion. We have many patients who come to us for treatment from many different religions and some who believe in nothing at all. If you interview in the future, you may want to leave your thoughts and beliefs out of the interview process.

Dougherty's email also stated that "'the other reason [for lost points]'" was Jenkins's "'desire to stay in Maryland,'" given his prior criminal conviction. Id. ¶ 36 (quoting Dougherty Chain).

Jenkins alleges that "[e]arly in the admissions process," he had "specifically inquired of Defendant Dougherty whether a single criminal charge he received more than ten (10) years ago would interfere with his ability to obtain a job following completion of the RTP. ECF 1 ¶ 41. He claims that Dougherty told him another student "had successfully obtained a job in Washington, D.C., despite his criminal record," id. ¶ 42, and "that any uncertainty regarding his ability to obtain a job in Maryland...