Hughley v. Maryland-National Capital Park & Planning Commission

668 F. Supp. 469, 1987 U.S. Dist. LEXIS 7645
CourtDistrict Court, D. Maryland
DecidedAugust 13, 1987
DocketCiv. No. Y-85-4646
StatusPublished
Cited by1 cases

This text of 668 F. Supp. 469 (Hughley v. Maryland-National Capital Park & Planning Commission) 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
Hughley v. Maryland-National Capital Park & Planning Commission, 668 F. Supp. 469, 1987 U.S. Dist. LEXIS 7645 (D. Md. 1987).

Opinion

MEMORANDUM

JOSEPH H. YOUNG, District Judge.

David E. Hughley, a former employee of the Maryland-National Capital Park and Planning Commission, filed suit against the Commission under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that his discharge was caused by racial discrimination. The gravamen of his complaint is that he was fired for not completing mounted police training, whereas white employees were permitted to transfer out of mounted training rather than suffer termination. This matter came before the Court for trial without a jury. Having heard the evidence adduced and the arguments of counsel, the Court makes the following finds of fact and conclusions of law.

1. FINDINGS OF FACT

Plaintiff Hughley is a black male citizen of the United States. Defendant Maryland-National Capital Park and Planning Commission (“the Commission”) is an employer subject to Title VII. 42 U.S.C. § 2000e(b). The Commission is responsible for park development, planning and zoning within those portions of Prince George’s and Montgomery Counties adjoining the District of Columbia. The Maryland-National Capital Park Police is an agency of the Commission.

Plaintiff applied for a job with the Commission Park Police in the fall of 1981. He initially interviewed with Officer Fred Keeney, who described the nature of the position and the duties involved. At this interview, Officer Keeney gave plaintiff a document that included a description of the mounted police as a special operation within the Park Police. Plaintiff’s Exhibit 2 at 2.

In June 1982, plaintiff appeared before a panel for his formal interview. The oral review board consisted of LeRoy J. Hedgepeth, Personnel Manager; Lt. Col. Donald R. Leslie, Sr., Division Commander, Prince George’s County; and Lt. Col. Joseph R. Robertson, Division Commander, Montgomery County. Officer Keeney was present, but he asked no questions. Plaintiff testified that the board members presented the mounted unit as an optional position to aspire to, and he told them he had little knowledge of horses, but he had no problem with them. Plaintiff claims that the [471]*471board did not inform him that mounted training was required. Both Officer Keeney and LeRoy Hedgepeth testified that Lt. Col. Robertson asked plaintiff if he were aware that he may be required to ride a horse, motor scooter, drive a patrol car, or do foot patrol, and Hughley responded that he had no problem with that.

Plaintiff was hired as a Park Police Officer Candidate by letter dated August 9, 1982. The letter stated that career status would be granted once plaintiff had successfully completed Candidate Training School and twelve months thereafter as an Officer Candidate. Hughley reported for duty on August 23, 1982, and initially worked in the Communications Section of the Park Police. During this assignment, plaintiff was considered an excellent and cooperative employee.

Plaintiff entered the basic training course at Prince George’s County Police Academy on November 22, 1982. While at the academy, plaintiff received two documents describing the specifications for a Park Police Officer Candidate and a Park Police Officer I. Examples of duties for a Park Police Officer Candidate generally included attending assigned classes and performing related duties to familiarize the candidate with Park Police procedures. Plaintiffs Exhibit 18. Examples of duties for a Park Police Officer I, the position that candidates achieve after successfully completing their probationary year, included “patrols an assigned beat in a patrol car, motorcycle, or on horseback, or on foot.” Plaintiffs Exhibit 19. Because the document described mounted patrol as an example of a duty, plaintiff contends that the ability to ride a horse is not a requirement for becoming a Park Police Officer I. Indeed, horseback training is not listed as a required skill on either document. Captain George Klotz, Special Operations Commander in charge of all training, testified that these job specifications, adopted in 1979, made mounted training mandatory if an individual was assigned to it. No officer assigned to mounted training who had been hired after 1979 was excused from such training except for medical reasons.

Hughley’s conduct and test scores at the police academy were exemplary, although he was reprimanded with loss of one day’s pay for arriving at work with alcohol on his breath.1 Park Police Officer Candidates Daniel Bryant, Edward Kilpatrick, Daniel McNickle, Gordon Norwood and Richard Wright were also enrolled in plaintiff’s basic training course. The candidates successfully completed the course in April 1983, whereupon plaintiff, Norwood and McNickle were assigned to patrol field training, and Bryant, Kilpatrick and Wright were assigned to mounted horse training. Plaintiff’s Exhibit 6.

Officer Larry Brownlee supervised plaintiff dining patrol field training. Plaintiff and Officer Brownlee reported to Acting Lieutenant Michael Nisson and to Sergeant J. Smith. Plaintiff satisfactorily completed patrol field training, whereupon he was ordered to report for mounted training beginning August 15, 1983. Prior to this order, plaintiff had requested that he not be assigned to such training because he had no love for horses and he would be uncomfortable in the position. Plaintiff’s Exhibit 7. Acting Lieutenant Nisson empathized with plaintiff. Nisson concurred that plaintiff should not be forced to take mounted training because he did not want to lose Hughley to the mounted unit, and because he feared the liability that might arise if Hughley sustained injuries during mounted training. Plaintiff’s request was denied by Captain Klotz, who, plaintiff testified, told Hughley that he was required to undertake mounted training and that plaintiff should put forth a good faith effort.

Captain Klotz testified that at the time plaintiffs class graduated from the academy, the mounted police section had seven vacancies. He decided to train twelve people for the mounted unit to fill the seven slots and assure reserves. Six tenured officers volunteered, and Klotz recruited the [472]*472six academy graduates. Klotz established two mounted training classes of six persons each, placing three recruits and three tenured officers in each training class. Thus, half the police officer candidates were assigned to mounted training upon graduation, and the other half to field training. When the first mounted training class ended, the police officer candidates switched. Those initially assigned to field patrol, as was plaintiff, reported to mounted training, and the others undertook field training.

Hughley reported to mounted training on August 15, 1983 as ordered. Police officer candidates Gordon Norwood and Daniel McNickle were in his class, as were tenured officers Richard Gaither, John Hudock, and Sheri Sholl. Plaintiff and the others received a training booklet, which read in part:

A. Introduction: Welcome, as a new member of the Mounted Unit we wish you luck during the 90 day training period in which you are about to partake. If at any time during your training you wish to stop and return to your previous position, please do so, as there will be no hard feelings. We only want officers that are genuinely interested in riding.
B.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Evans v. New York Botantical Garden
253 F. Supp. 2d 650 (S.D. New York, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
668 F. Supp. 469, 1987 U.S. Dist. LEXIS 7645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughley-v-maryland-national-capital-park-planning-commission-mdd-1987.