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    Settle v. Baltimore County, 4th Cir. (2000)

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    This unpublished opinion from the Fourth Circuit Court of Appeals affirms the lower court's ruling granting summary judgment in favor of defendants in a lawsuit brought by a police officer alleging racial discrimination and retaliation. The court found that the officer failed to provide sufficient evidence that the incidents he cited were racially motivated or created a hostile work environment. It also found that he did not establish a prima facie case of retaliation as he did not demonstrate suffering an adverse employment action.

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    Settle v. Baltimore County, 4th Cir. (2000)

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    This unpublished opinion from the Fourth Circuit Court of Appeals affirms the lower court's ruling granting summary judgment in favor of defendants in a lawsuit brought by a police officer alleging racial discrimination and retaliation. The court found that the officer failed to provide sufficient evidence that the incidents he cited were racially motivated or created a hostile work environment. It also found that he did not establish a prima facie case of retaliation as he did not demonstrate suffering an adverse employment action.

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    Filed: 2000-01-24 Precedential Status: Non-Precedential Docket: 99-1245

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    This unpublished opinion from the Fourth Circuit Court of Appeals affirms the lower court's ruling granting summary judgment in favor of defendants in a lawsuit brought by a police officer alleging racial discrimination and retaliation. The court found that the officer failed to provide sufficient evidence that the incidents he cited were racially motivated or created a hostile work environment. It also found that he did not establish a prima facie case of retaliation as he did not demonstrate suffering an adverse employment action.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    19 views3 pages

    Settle v. Baltimore County, 4th Cir. (2000)

    Uploaded by

    Scribd Government Docs
    This unpublished opinion from the Fourth Circuit Court of Appeals affirms the lower court's ruling granting summary judgment in favor of defendants in a lawsuit brought by a police officer alleging racial discrimination and retaliation. The court found that the officer failed to provide sufficient evidence that the incidents he cited were racially motivated or created a hostile work environment. It also found that he did not establish a prima facie case of retaliation as he did not demonstrate suffering an adverse employment action.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    CALVIN WESTLEY SETTLE,
    Plaintiff-Appellant,
    v.
    BALTIMORE COUNTY POLICE
    DEPARTMENT; RONALD EARP; MINDA
    FOXWELL; HOWARD HALL; MICHAEL
    DARRELL GAMBRILL; MARY K. WARD,
    in both their official and individual
    capacities,
    Defendants-Appellees,
    and
    TERRY SHERIDAN, Chief of Police,
    Defendant.
    Appeal from the United States District Court
    for the District of Maryland, at Baltimore.
    Andre M. Davis, District Judge.
    (CA-97-651-AMD)
    Argued: December 3, 1999
    Decided: January 24, 2000
    Before WILKINS and MICHAEL, Circuit Judges, and
    Margaret B. SEYMOUR, United States District Judge for the
    District of South Carolina, sitting by designation.
    _________________________________________________________________
    Affirmed by unpublished per curiam opinion.
    _________________________________________________________________

    No. 99-1245

    COUNSEL
    ARGUED: Gary Howard Simpson, Bethesda, Maryland, for Appellant. Paul McLane Mayhew, Assistant County Attorney, BALTIMORE COUNTY OFFICE OF LAW, Towson, Maryland, for
    Appellees. ON BRIEF: Virginia Wood Barnhart, County Attorney,
    BALTIMORE COUNTY OFFICE OF LAW, Towson, Maryland, for
    Appellees.
    _________________________________________________________________
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    _________________________________________________________________
    OPINION
    PER CURIAM:
    Calvin Westley Settle appeals an order of the district court granting
    summary judgment in favor of his employer, Baltimore County Police
    Department, and other defendants on Settle's claims of racial discrimination and retaliation.1 See 42 U.S.C.A. 2000e-2, 2000e-3 (West
    1994). Finding no error, we affirm.
    I.
    The facts, viewed in the light most favorable to Settle, are as follows. Settle is an African-American police officer with the Baltimore
    County Police Department (the Department). Beginning in 1992, Settle experienced what he perceived to be several acts of race discrimination. Settle filed his first EEOC complaint on March 2, 1993.
    Additionally, Settle and another African-American officer filed an
    internal complaint on March 26, 1993, which launched a departmental
    investigation. Continuing to believe that he was being subjected to
    _________________________________________________________________
    1 Although Settle brought several claims in the district court, he pursues
    only the racially hostile environment and retaliation claims in this appeal.
    2

    discriminatory treatment, Settle filed a second EEOC complaint in


    September 1994.
    The departmental investigation was completed in December 1994
    and concluded that the officers' allegations were unfounded. Settle
    continued to experience adverse actions that he believed were racially
    motivated, including a negative performance evaluation issued by his
    supervisor. In April 1996, Settle was notified that he was being transferred to another division within the Department. Settle thereafter
    filed this action, alleging, inter alia, that he had been subjected to a
    racially hostile work environment and that he had been transferred in
    retaliation for his complaints about race discrimination.
    The district court granted summary judgment in favor of all defendants. See Settle v. Baltimore County, 34 F. Supp. 2d 969 (D. Md.
    1999). With respect to the hostile environment claim, the court reasoned that Settle failed to proffer sufficient evidence that the incidents
    he cited to support the claim were racially motivated or were "sufficiently severe or pervasive to alter the conditions of employment and
    create an abusive atmosphere."2 Causey v. Balog, 162 F.3d 795, 801
    (4th Cir. 1998). With respect to the retaliation claim, the court reasoned that Settle failed to establish his prima facie case because he
    had not been subjected to an adverse employment action. See Beall
    v. Abbott Lab., 130 F.3d 614, 619 (4th Cir. 1997).
    II.
    After reviewing the parties' briefs and the applicable law, and having had the benefit of oral argument, we conclude that the district
    court correctly granted summary judgment in favor of the defendants.
    Accordingly, we affirm.
    AFFIRMED
    _________________________________________________________________
    2 On appeal, Settle references incidents in support of his hostile environment claim that he had argued to the district court supported a disparate treatment claim.
    3

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