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September 2019

Washington, D.C. Office Obtains Full Dismissal of Six-Count Complaint With Prejudice in Baltimore City Circuit Court

Gordon Rees Scully Mansukhani Washington, D.C. attorney Judith Lysaught obtained complete dismissal of a six-count complaint against a psychologist and related defendants in the Circuit Court for Baltimore City.  The plaintiff, a police officer with the Maryland Transit Administration, alleged, among other things, that the defendants defamed and slandered the plaintiff in a report prepared following a fitness-for-duty evaluation at the request of the plaintiff’s employer.  The plaintiff further alleged that the defendants engaged in a conspiracy to terminate her from her position in retaliation for a EEOC charge against her employer, violated the Maryland Human Relations Statute and violated her due process.

Defendants’ Motion to Dismiss the Third-Amended Complaint argued that (1) the plaintiff consented to the preparation and submission of a report to the plaintiff’s employer following the fitness-for-duty exam, (2) the report was conditionally privileged, and (3) the plaintiff failed to state legally sufficient claim of negligence, violation of the MHRS, conspiracy and violation of due process.  The defendants moved to dismiss all claims with prejudice due to the number of amendments.  The court agreed with defendants on all points, and ruling from the bench, granted defendants’ motion to dismiss with prejudice.

Judith G. Lysaught