Bailey-El v. Housing Authority of Baltimore City

185 F. Supp. 3d 661, 2016 U.S. Dist. LEXIS 61471, 2016 WL 2649550
CourtDistrict Court, D. Maryland
DecidedMay 9, 2016
DocketCivil Action No. RDB-15-2063
StatusPublished
Cited by13 cases

This text of 185 F. Supp. 3d 661 (Bailey-El v. Housing Authority of Baltimore City) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bailey-El v. Housing Authority of Baltimore City, 185 F. Supp. 3d 661, 2016 U.S. Dist. LEXIS 61471, 2016 WL 2649550 (D. Md. 2016).

Opinion

MEMORANDUM OPINION

Richard D. Bennett, United States District Judge

Plaintiff Ronald G. Bailey-El (“Plaintiff’ or “Bailey-El”), pro se, in for-ma pauperis, has brought this action against Defendants Housing Authority of Baltimore City (“HABC”); Ms. Green, Regional Director of the HABC; Kimberly Graham, former HABC Director of Human Resources; Carla Walton, current HABC Director of Human Resources; Odyssey Johnson, HABC Manager1 ; AFSCME2 Local 647; and Anthony [666]*666Coates, President of AFSCME Local 6473, alleging retaliation and violations of Plaintiffs First Amendment rights (Count One); violations of Plaintiffs “fifth amendment due process rights” (Count Two); and violations of any additional constitutional rights, including “procedural and substantive due process rights” (Count Three). First Am. CompL, p. 1, ECF No. 164. As explained infra, this Court construes all of Plaintiffs claims as arising under 42 U.S.C. § 1983, alleging violations of Plaintiffs rights under the First and Fourteenth Amendments to the United States Constitution and First Amendment retaliation. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007) (Pro se pleadings are afforded a liberal construction). Currently pending before this Court are Plaintiffs Motion to Appoint Counsel (ECF No. 6); Defendant HABC’s Motion to Dismiss the First Amended Complaint (ECF No. 8)5 ; Plaintiffs Motion for Extension of Time and to Correct Administrative Errors (ECF No. 10); Plaintiffs Motion for Clerk’s Entry of Default (ECF No. 12); and Plaintiffs Motion for Default Judgment (ECF No. 14). The parties’ submissions have been reviewed, and no hearing is necessary. See Local Rule 105.6. For the reasons stated herein, Plaintiffs Motion to Appoint Counsel (ECF No. 6) is DENIED and Defendant HABC’s Motion to Dismiss the First Amended Complaint (ECF No. 8) is GRANTED. Additionally, Plaintiffs Motion for Extension of Time and to Correct Administrative Errors (ECF No. 10) is GRANTED; Plaintiffs Motion for Clerk’s Entry of Default (ECF No. 12) is DENIED; and Plaintiffs Motion for Default Judgment (ECF No. 14) is also DENIED. Accordingly, the First Amended Complaint is DISMISSED.

BACKGROUND

This Court accepts as true the facts [667]*667alleged in the First Amended Complaint.6 See Aziz v. Alcolac, Inc., 658 F.3d 388, 390 (4th Cir.2011), Additionally, because the Plaintiff is proceeding pro se, this Court has accorded his pleadings liberal construction. See Erickson. v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007).

Plaintiff Ronald G. Bailey-El (“Plaintiff? or “Bailey-El”) “united with7 the Housing Authority of Baltimore City [ (“HABC”) ] as a maintenance worker II in 2007.” First Am. Compl., p. 6, ECF No. 16. Bailey-El’s first two years with HABC were “swell.” Id. at 7, He indicates that “there was plenty of overtime” and describes himself as “nothing less than a hard worker trying to advance.” Id. However, “in 2009 or 2010,” Bailey-El became involved in a “verbal altercation” with Defendant Odyssey Johnson’s (“Defendant” or “Johnson”)8 administrative assistant, who proceeded to hit him with a mop, causing him to sprain his ankle. Id. at 7-8. Subsequently, Bailey-El “took to the grievance procedure9 for recourse.” Id. at 7. Bailey-El’s “write-up” “inflamed, infuriated and incited to "anger” Ms. Sharon Larue (“Larue”) and Defendants Johnson, Ms. Green (“Defendant” or “Green”), and Kimberly Graham (“Defendant” or “Graham”)10, all of whom were friends with the administrative assistant. Id. at 8. Thereafter, Bailey-El contends, these Defendants “were out to...terminate [his] employment in retaliation for filing grievances.” Id. at 8-9.

Later “[i]n 2009 or 2010,” “Larue informed [Bailey-El] that he had more than 2 points on his license (drivers) and if those points weren’t removed within 11 days then [he] would be terminated.” Id. at 9. Unable to comply with Larue’s request11, Bailey-El was terminated. Id. at 10. He claims that he was the only HABC employee terminated for this reason and that “the entire maintenance community was shocked” and could not identify “where in [their] contracts or Housing Policy. . .it sa[id] one [could] be terminated for the reason the Defendants terminated [Bailey-El].” Id. Accordingly,' Bailey-El filed a grievance against the aforementioned Defendants, with the assistance of Defendant Anthony Coates (“Defendant” or “Coates”), President of Local Chapter 647 of the American Federation of State, County and Municipal Employees (“AFSCME”)12. Id. at 1,10. While awaiting a grievance hearing before Graham, Bailey-El “defeated the Defendants in the arena of unemployment payments, as it was determined that [he] was terminated due to no fault of [his] own.” Id. at 11. [668]*668Subsequently, he “prevailed at the hearing and was reinstated and awarded back pay.”13 Id.

Although Bailey-El was reinstated, he “was assigned to do the jobs in maintenance that no other maintenance worker would do.” Id. at 12. He alleges that “[t]he assignments were given [to him] in 2012 in retaliation for filing grievances and being known to [his] coworkers for filing grievances.” Id. “On or about June 23, 2012,” while completing one of those assignments, Bailey-El suffered a serious injury. Id. at 13-14. He was transporting trash from the Chase House Building in Baltimore City to the City’s dump when the back gates of the vehicle he was driving swung open and damaged several vehicles.14 Id. Although the timeline of events is unclear, Bailey-El claims that he “immediately went and found [Johnson] and informed her of what had transpired.” Id. at 14. “Moreover, [he] was seriously injured in this accident. . .[and] was in excruciating pain and about to faint after the initial shock had worn off.” Id. An ambulance arrived, and Bailey-El was transported to Maryland General Hospital “where [he] was diagnosed with multiple injuries.” Id. at 14-15. Bailey-El was only given three days off work, but saw “[his] lawyer’s15 doctor for follow-up purposes and was given an additional two [ ] weeks off.” Id. at 15.

Bailey-El claims that Defendants Johnson, Green, Graham, and HABC were furious with him for not going to “Concentra,” a medical care system with whom HABC had entered into a multi-million dollar contract. Id. at 15-16. When Bailey-El returned to work on July 12, 2012, he “was sent to the Human Resources office, where it was explained to [him] that [he] should have gone to Concentra before going to the hospital.” Id. at 17. Bailey-El objects that going to Concentra first would have been “impossible and ridiculous” because he “was in dire need of immediate care.” Id. at 16-17.

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185 F. Supp. 3d 661, 2016 U.S. Dist. LEXIS 61471, 2016 WL 2649550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-el-v-housing-authority-of-baltimore-city-mdd-2016.