Knickman v. Prince George's County

• Citation: 187 F.Supp.2d 559
• Decision Date: 06 March 2002
• Docket Number: No. CIV.A. DKC2001-1789.,CIV.A. DKC2001-1789.
• Parties: Laura KNICKMAN v. PRINCE GEORGE'S COUNTY, et al.
• Court: U.S. District Court — District of Maryland

187 F.Supp.2d 559

Laura KNICKMAN v. PRINCE GEORGE'S COUNTY, et al.

No. CIV.A. DKC2001-1789.

United States District Court, D. Maryland.

March 6, 2002.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Laura Knickman, Chester, MD, Pro se.

Rhonda Lee Weaver, County Administration Office, Upper Marlboro, MD, for Defendants.

MEMORANDUM OPINION

CHASANOW, District Judge.

Presently pending and ready for resolution in this employment discrimination action are (1) the motion of Defendants David Goode, F. Kirwin Wineland, Wayne Curry, and Prince George's County, Maryland to dismiss pursuant to Fed.R.Civ.P. 12(b)(6), or in the alternative for summary judgment, and (2) Plaintiff's motion for summary judgment. The issues are fully briefed and the court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. For the reasons that follow, Defendants' motion to dismiss will be granted and Plaintiff's motion for summary judgment will be denied.

I. Background

The following facts are alleged in the complaint by the Plaintiff. In November 1993, Laura Knickman was hired by the Prince George's County Council as a Citizens Services Intern. Her application was rated "outstanding." In September 1994, Knickman made a formal complaint to the Prince George's County Government Office of Personnel, alleging gender discrimination. She also gave notice of her intention to file a charge with the Equal Employment Opportunity Commission ("EEOC"). Knickman's request for conflict resolution was denied by Defendants. In October 1994, Knickman was notified she was named October Employee of the Month. On November 4, 1994, Knickman was terminated without notice or opportunity for a hearing. Defendants falsely alleged misconduct as the cause for her termination.

Knickman filed a complaint with the EEOC on or about May 1, 1995, within the 300 day statutory period. On February 3, 1999, the EEOC issued a Dismissal and a Notice of Right to Sue to Knickman. On May 4, 1999, Knickman filed suit pro se against Defendants in the Circuit Court for Prince George's County alleging the following claims: Count I—Wrongful Discharge —Breach of Employment Contract; Count II—Violation of Civil Rights under 42 U.S.C. § 1983 (Violation of First Amendment Rights); Count III—Violation of Civil Rights under 42 U.S.C. § 1983 (Violation of Fourteenth Amendment Rights); Count IV—Violation of 42 U.S.C. § 2000e and Amendments (Sex Discrimination); Count V—Violation of Title VII, Civil Rights Act (Retaliation); Count VI— Violation of Americans with Disabilities Act; Count VII—Violation of State and Federal Defamation/Slander Laws; Count VIII—Intentional Infliction of Emotional Distress. Service was effected upon Goode on May 21, 2001 and upon Wineland on May 24, 2001. Prince George's County and Curry have waived service of process.¹ Defendants removed this action to this court on June 20, 2001, pursuant to 28 U.S.C. § 1441(a). Defendants moved for dismissal or, in the alternative, summary judgment on June 21, 2001. Knickman was provided with a Roseboro notice of Defendants' additional argument for summary judgment and, in response, Knickman filed not only an opposition memorandum, but her own affirmative motion for summary judgment.² Paper No. 32.

II. Standard of Review

Motion to Dismiss

A Rule 12(b)(6) challenge requires a court to accept all well-pled allegations of the complaint as true and to construe the facts and reasonable inferences derived therefrom in the light most favorable to the plaintiff. Ibarra v. United States, 120 F.3d 472, 473 (4th Cir.1997). Such a motion ought not be granted unless "it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). The court, however, need not accept unsupported legal allegations, Revene v. Charles County Comm'rs, 882 F.2d 870, 873 (4th Cir.1989), or conclusory factual allegations devoid of any reference to actual events. United Black Firefighters v. Hirst, 604 F.2d 844, 847 (4th Cir.1979). Nevertheless, neither vagueness nor lack of detail is a sufficient ground on which to grant a motion to dismiss. Hill v. Shell Oil Co., 78 F.Supp.2d 764, 775 (N.D.Ill.1999) (quoting Strauss v. City of Chicago, 760 F.2d 765, 767 (7th Cir.1985)).

III. Analysis

A. Statute of Limitations

A limitations defense may be raised in a pre-answer motion under Fed.R.Civ.P. 12(b)(6). 5A Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1360 n. 10 (1990). Defendants assert that Counts I, II, III, VII, and VIII must be dismissed because they were filed after the applicable statutes of limitations expired. Plaintiff asserts that she complied with all applicable statutes of limitations by filing her EEOC complaint within 300 days of the alleged violation. She argues that she filed her complaint in court promptly once she was issued her right to sue letter in February 1999. Therefore, according to Knickman, her claims should not be dismissed on the grounds that the allowed period for filing a suit has passed.

A complaint survives a motion to dismiss under Rule 12(b)(6) unless "it appears beyond doubt that the plaintiff can prove no set of facts in support of [her] claim which would entitle [her] to relief." Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). Dismissal may be appropriate if the complaint's facts fail to state a viable claim. Estelle v. Gamble, 429 U.S. 97, 106-108, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976).

Knickman alleges that the events underlying her complaint took place in November 1994, four and half years prior to the filing of the complaint in May 1999. Maryland law requires that a civil action be brought within three years of the date that it accrues. MD CODE ANN., CTS. & JUD. PROC. § 5-101 (1991). The Supreme Court has held that the state statutes of limitations for state tort claims such as false arrest, assault and battery, or personal injuries apply to claims brought under 42 U.S.C. § 1983. Wilson v. Garcia, 471 U.S. 261, 271-72, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985). Therefore, a three year statute of limitations applies to Knickman's claims of wrongful discharge, First Amendment violation Fourteenth Amendment violation, Defamation and Slander, and Intentional Infliction of Emotional Distress. Plaintiff has failed to offer any reason to justify tolling the applicable statute of limitations. See English v. Pabst Brewing Co., 828 F.2d 1047, 1049 (4th Cir.1987) (holding that equitable tolling applies "where the defendant has wrongfully deceived or misled the plaintiff in order to conceal the existence of a cause of action."); Hecht v. Resolution Trust Corp., 333 Md. 324, 635 A.2d 394, 399 (1994) (holding that Maryland does not allow implied or equitable exceptions to the statute of limitations, absent legislative exception). Pursuit of an administrative complaint, while a necessary prerequisite to filing a Title VII action, does not affect the limitations period for filing other claims. See Johnson v. Railway Express Agency, Inc., 421 U.S. 454, 462-67, 95 S.Ct. 1716, 44 L.Ed.2d 295 (1975) (holding state statutes of limitation are not tolled while plaintiff is pursuing a Title VII administrative claim); Trent v. Bolger, 837 F.2d 657, 659 (4th Cir.1988) ("[T]olling [of state statutes of limitation] does not apply in situations where a plaintiff pursues relief through parallel administrative proceedings"). Accordingly, Counts I, II, III, VII, and VIII of Plaintiff's complaint are barred by the applicable statute of limitations as to all defendants.

B. Claims Against Wayne Curry

Defendants assert that all claims should be dismissed against Wayne Curry, Prince George's County Executive, in his individual capacity,³ as he was sworn in on December 5, 1994, after the alleged events took place. Knickman responds that Defendants are liable as employers, or agents of employers, under Title VII, so, therefore, the counts should not be dismissed.

Knickman was dismissed from her position with the Prince George's County Council on November 3, 1994. Curry was sworn in as County Executive on December 5, 1994, more than a month later. Knickman was never employed by Prince George's County while Curry was County Executive. Therefore, there is no basis for naming Curry as an individual defendant in this case and the claims as to him will be dismissed.

C. Count VI—Americans with Disabilities Act

Knickman alleges in Count VI of her Amended Complaint that Defendants violated the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101, et seq., by failing to make reasonable accommodations in her schedule after she was diagnosed with a chronic illness. Defendants respond that Knickman failed to comply with the procedural requirements of the ADA by not including a disability claim when she filed her notice of discrimination with the EEOC in April, 1995. "Under Title VII and the ADA, a plaintiff must first timely file a charge with the EEOC before commencing a suit." Lipscomb v. Clearmont Construction and Development Co., 930 F.Supp. 1105, 1106 (D.Md.1995), see also Bishop v. Okidata, Inc., 864 F.Supp. 416, 424 (D.N.J.1994) ("Those proceeding with employment discrimination claims under the ADA must follow the administrative procedures set forth in Title VII"). Although Knickman did bring an administrative action with the EEOC in a timely fashion, she did not include a disability or ADA claim in her filing with the EEOC in April 1995. She did not raise an ADA claim until she filed her complaint in 1999. The Fourth Circuit has clearly held that "[t]he suit filed may encompass only the `discrimination stated in the charge itself or developed in the course of a reasonable investigation of that charge.'" King v. Seaboard Coast Line Railroad Co., 538 F.2d 581, 583 (4th Cir.1976), citing EEOC v. GE, 532 F.2d 359, 365 (4th Cir. 1976)....