Case: Wallace v. Shalala

8:93-cv-02536 | U.S. District Court for the District of Maryland

Filed Date: Aug. 30, 1993

Closed Date: March 23, 1998

Clearinghouse coding complete

Case Summary

On August 30, 1993 plaintiff filed this employment discrimination suit pro se against Shalala, the Secretary of Health and Human Services in the District Court of Maryland. He alleged that he had been discriminated against for being male and an African American. Plaintiff also alleged class discrimination claims and various antitrust claims. On April 9, 1996 the district court (Judge Peter J. Messitte) granted the defendant's motion to dismiss the antitrust and class discrimination claims. …

On August 30, 1993 plaintiff filed this employment discrimination suit pro se against Shalala, the Secretary of Health and Human Services in the District Court of Maryland. He alleged that he had been discriminated against for being male and an African American. Plaintiff also alleged class discrimination claims and various antitrust claims. On April 9, 1996 the district court (Judge Peter J. Messitte) granted the defendant's motion to dismiss the antitrust and class discrimination claims. The district court also granted the defendant's motion for summary judgment for the remaining claims on September 3, 1996.

Plaintiff appealed to the Fourth Circuit Court of Appeals but the court (Judge Butzer, Judge Niemeyer, and Judge Williams) affirmed the district court's finding that plaintiff had failed to establish a prima facie case of employment discrimination in an unpublished per curiam opinion on April 24, 1997. Plaintiff's petition for a writ of certiorari was denied by the Supreme Court on March 23, 1998.

Summary Authors

Michael Perry (7/10/2010)

People


Judge(s)

Butzner, John Decker Jr. (Virginia)

Messitte, Peter Jo (Maryland)

Niemeyer, Paul Victor (Maryland)

Attorney for Defendant

Russell, George L. Jr. (Maryland)

Sims, Robert E. (Maryland)

Documents in the Clearinghouse

Documents in this case

96-02611

Docket

U.S. Court of Appeals for the Fourth Circuit

July 21, 1997

July 21, 1997

Docket

8:93-cv-02536

Docket

July 24, 1997

July 24, 1997

Docket

96-02611

Opinion (4th Circuit)

U.S. Court of Appeals for the Fourth Circuit

April 24, 1997

April 24, 1997

Order/Opinion

112 F.3d 512

Docket

Last updated March 26, 2025, 8:25 a.m.

ECF Number Date Description Link
1 Aug. 30, 1993

COMPLAINT and Related Documents filed; FILING FEE $ 120.00 RECEIPT # 015650 (cmh, Deputy Clerk) (Entered: 09/01/1993)

PACER
1 Aug. 30, 1993

DEMAND for jury trial by Samuel B. Wallace IV (cmh, Deputy Clerk) (Entered: 09/01/1993)

PACER
2 Sept. 1, 1993

SUMMONS(ES) (60 days) issued for Donna Shalala. (cmh, Deputy Clerk) (Entered: 09/01/1993)

PACER
3 Sept. 13, 1993

MOTION by Samuel B. Wallace IV to Amend [1−1] Complaint , and Attachments. (c/s) (cmh, Deputy Clerk) (Entered: 09/15/1993)

PACER
4 Sept. 17, 1993

ORDER dated September 16, 1993 granting [3−1] Request of plaintiff Samuel B. Wallace, IV to Amend [1−1] Complaint and/or to Add Certain Material to His Complaint. ( signed by Chief Judge Walter E. Black Jr. ) (c/m 9/20/93 cr) (cmh, Deputy Clerk) (Entered: 09/22/1993)

PACER
Nov. 15, 1993

CASE reassigned from Chief Judge Black to Judge Peter J. Messitte. (cmh, Deputy Clerk) (Entered: 11/15/1993)

PACER
5 Nov. 24, 1993

Reassignment Letter mailed to counsel. (cmh, Deputy Clerk) (Entered: 12/10/1993)

PACER
7 Jan. 7, 1994

EX PARTE MOTION by Samuel B. Wallace IV to permit service . (c/s) (cag, Deputy Clerk) (Entered: 01/10/1994)

PACER
8 Feb. 2, 1994

ORDER granting [7−1] Ex Parte motion of Plaitniff to permit service; and "DIRECTING" Plaintiff may continue to attempt to serve parties for another 45 days from the date of this Order. ( signed by Judge Peter J. Messitte 1/31/94 ) (c/m ras) (cag, Deputy Clerk) (Entered: 02/02/1994)

PACER
9 Feb. 5, 1994

RETURN OF SERVICE executed as to Donna Shalala 1/3/94 Answer due on 3/3/94 for Donna Shalala. (FILED SEPARATELY) (cag, Deputy Clerk) (Entered: 03/01/1994)

PACER
10 Feb. 18, 1994

CORRESPONDENCE of Plaintiff Re: Return of Service. (cag, Deputy Clerk) (Entered: 03/01/1994)

PACER
11 Feb. 25, 1994

MOTION by Donna Shalala to Extend Time to respond to the complaint . (cag, Deputy Clerk) (Entered: 03/01/1994)

PACER
12 March 2, 1994

ORDER granting [11−1] motion of Defendant to Extend Time to respond to the complaint to 4/1/94 ; reset Answer deadline to 4/1/94 for Donna Shalala . ( signed by Judge Peter J. Messitte 2/28/94 ) (c/m ras) (cag, Deputy Clerk) (Entered: 03/02/1994)

PACER
13 April 1, 1994

MOTION with memorandum in support by Donna Shalala for More Definite Statement , and to Dismiss . (c/s) (cag, Deputy Clerk) (Entered: 04/04/1994)

PACER
14 April 4, 1994

Rule 12/56 letter mailed to parties. (cag, Deputy Clerk) (Entered: 04/04/1994)

PACER
15 April 26, 1994

Affirmation of Samuel B. Wallace. (c/s) (cag, Deputy Clerk) (Entered: 04/28/1994)

PACER
16 May 4, 1994

RESPONSE by Samuel B. Wallace IV to [13−1] motion of Defendant for More Definite Statement, [13−2] motion to Dismiss. (c/s) (cag, Deputy Clerk) (Entered: 05/05/1994)

PACER
17 May 4, 1994

MOTION by Samuel B. Wallace IV to Extend Time to file a Brief in support of his Antitrust and Section 1981 Complaint . (c/s) (cag, Deputy Clerk) (Entered: 05/05/1994)

PACER
18 May 4, 1994

MOTION by Samuel B. Wallace IV to Extend Time to file his resonsive Pleadings to Defendants' Answer of Summons and Complaint, Motion to Dismiss on R.12 and R.8 procedural grounds . (c/s) (cag, Deputy Clerk) (Entered: 05/05/1994)

PACER
19 June 8, 1994

MARGINAL ORDER granting [17−1] motion of Plaintiff to Extend Time to file a Brief in support of his Antitrust and Section 1981 Complaint ( signed by Judge Peter J. Messitte 6/2/94 ) (c/m 6/8/94−ems) (cag, Deputy Clerk) (Entered: 06/13/1994)

PACER
20 June 8, 1994

MARGINAL ORDER granting [18−1] motion of Plaintiff to Extend Time to file his resonsive Pleadings to Defendants' Answer of Summons and Complaint, Motion to Dismiss on R.12 and R.8 procedural grounds. ( signed by Judge Peter J. Messitte 6/2/94 ) (c/m 6/8/94−ems) (cag, Deputy Clerk) Modified on 06/13/1994 (Entered: 06/13/1994)

PACER
21 Aug. 2, 1994

MOTION by Samuel B. Wallace IV to Extend Time to file a Repsonse . (c/s) (cag, Deputy Clerk) (Entered: 08/02/1994)

PACER
22 March 20, 1995

MOTION by Samuel B. Wallace IV for Permission to permit Plaintiff to file more pages in his reply to Motion of Defendant to Dismiss the Antitrust charges and attachments. 9c/s) (lad, Deputy Clerk) (Entered: 03/25/1995)

PACER
23 April 9, 1996

ORDER "Rendering as MOOT" [21−1] motion of plaintiff to Extend Time to file a Response; "DENYING" [22−1] motion of plaintiff for Permission to file more pages in his reply to Motion of Defendant to Dismiss the Antitrust charges; "GRANTING" [13−2] motion of defendant to Dismiss; "DENYING" [13−1] motion of defendant for More Definite Statement; "DISMISSING" with prejudice plaintiff's class discrimination and antitrust claims; "DIRECTING" defendant to answer plaintiff's individual discrimination claim within 20 days; "DIRECTING" that discovery is hereby STAYED pending further order; "DIRECTING" that defendant may file a summary judgment motion within 45 days as therein set forth ( signed by Judge Peter J. Messitte 4/9/96) (c/m 4/10/96 bb) (ajh, Deputy Clerk) (Entered: 04/11/1996)

PACER
24 April 9, 1996

Plaintiff's Right−to−Sue Letter dated 5/27/93 (ajh, Deputy Clerk) (Entered: 04/11/1996)

PACER
25 April 25, 1996

ANSWER to Complaint by Donna Shalala . (Attorney George Levi Russell III) (1 c/s) (sls, Deputy Clerk) (Entered: 04/26/1996)

PACER
26 May 16, 1996

MOTION by Donna Shalala to Extend Time to File Motion for Summary Judgment, within six days . (c/s) (mdd, Deputy Clerk) (Entered: 05/20/1996)

PACER
27 May 23, 1996

RESPONSE by Samuel B. Wallace IV to [25−1] answer by Donna Shalala. (c/s) (mdd, Deputy Clerk) (Entered: 05/24/1996)

PACER
28 May 30, 1996

MOTION with memorandum in support by defendant, Donna Shalala for Summary Judgment and Exhibit 1 (c/s) (ajh, Deputy Clerk) (Entered: 05/30/1996)

PACER
29 June 3, 1996

ORDER "GRANTING" [26−1] motion of defendant to Extend Time to File Motion for Summary Judgment to and including 5/30/96 ( signed by Judge Peter J. Messitte 5/31/96) (c/m 6/3/96 bb) (ajh, Deputy Clerk) (Entered: 06/03/1996)

PACER
30 June 11, 1996

MOTION by plaintiff, Samuel B. Wallace IV for Reconsideration of [23−1] order and attachments (c/s) (ajh, Deputy Clerk) (Entered: 06/13/1996)

PACER
31 June 12, 1996

MOTION by plaintiff, Samuel B. Wallace IV to Extend Time for plaintiff to answer defendant's Motion for Summary Judgment and attachment (c/s) (ajh, Deputy Clerk) (Entered: 06/18/1996)

PACER
32 June 18, 1996

ORDER "GRANTING" [31−1] motion to Extend Time for plaintiff to answer defendant's Motion for Summary Judgment to and including 7/29/96 ( signed by Judge Peter J. Messitte 6/14/96) (c/m 6/18/96 bb) (ajh, Deputy Clerk) (Entered: 06/18/1996)

PACER
33 July 9, 1996

ORDER "DENYING" [30−1] motion of plaintiff for Reconsideration of [23−1] order and "DIRECTING" that plaintiff's Motions for Extension of Time are Moot ( signed by Judge Peter J. Messitte 7/2/96) (c/m 7/9/96 bb) (ajh, Deputy Clerk) (Entered: 07/10/1996)

PACER
34 July 10, 1996

MOTION by plaintiff, Samuel B. Wallace IV to Extend Time to file Motion to Reconsider 4/9/96 Opinion and Order and to reply to defendant's Answer of 4/9/96 (Received in chambers on 5/10/96) (c/s) (ajh, Deputy Clerk) (Entered: 07/10/1996)

PACER
35 Aug. 15, 1996

MEMORANDUM "DIRECTING" that various documents be placed in the court filed as therein set forth ( signed by Judge Peter J. Messitte 8/14/96 ) (c/m 8/26/96−ss) (sls, Deputy Clerk) Modified on 10/21/1996 (Entered: 08/26/1996)

PACER
36 Sept. 3, 1996

MEMORANDUM "DIRECTING" that the Amended Motion Opposing Defendant's Motion for Summary Judgment be placed in the court file ( signed by Judge Peter J. Messitte 8/27/96 ) (c/m 9/5/96−ss) (sls, Deputy Clerk) (Entered: 09/05/1996)

PACER
37 Sept. 3, 1996

AMENDED RESPONSE by plaintiff, Samuel B. Wallace IV in opposition to [28−1] motion of defendant for Summary Judgment by Donna Shalala (sls, Deputy Clerk) (Entered: 09/05/1996)

PACER
38 Sept. 3, 1996

MEMORANDUM OPINION ( signed by Judge Peter J. Messitte 8/27/96 ) (c/m 8/28/96−bb) (sls, Deputy Clerk) (Entered: 09/05/1996)

PACER
39 Sept. 3, 1996

ORDER "GRANTING" [28−1] motion of defendant for Summary Judgment; "ENTERING" Judgment in favor of defendant and "DIRECTING" the Clerk to CLOSE this case ( signed by Judge Peter J. Messitte 8/27/96 ) (c/m 8/28/96−bb) (Microfilmed 9/5/96) (sls, Deputy Clerk) (Entered: 09/05/1996)

PACER
Sept. 3, 1996

Case closed (sls, Deputy Clerk) (Entered: 09/16/1996)

PACER
41 Sept. 6, 1996

MOTION by plaintiff, Samuel B. Wallace IV to Show Cause (sls, Deputy Clerk) (Entered: 09/10/1996)

PACER
42 Sept. 6, 1996

MOTION by plaintiff, Samuel B. Wallace IV for Leave to File Amended Motion in Opposition to Defendant's Motion for Summary Judgment (sls, Deputy Clerk) (Entered: 09/10/1996)

PACER
42 Sept. 6, 1996

MOTION by plaintiff, Samuel B. Wallace IV to Judicially notice (sls, Deputy Clerk) (Entered: 09/10/1996)

PACER
43 Sept. 6, 1996

ORDER "DIRECTING" that this case is CLOSEd and all motions represented in this order are MOOT ( signed by Judge Peter J. Messitte 9/5/96 ) (c/m 9/10/96−ss) (Microfilmed 9/10/96) (sls, Deputy Clerk) (Entered: 09/10/1996)

PACER
Sept. 6, 1996

Case closed (sls, Deputy Clerk) (Entered: 09/16/1996)

PACER
44 Oct. 21, 1996

NOTICE OF APPEAL with attachment by Samuel B. Wallace IV. Fee Status: filing fee paid Appeal record due on 11/20/96 (c/s 10/24/96 akc) (jmk, Deputy Clerk) Modified on 11/06/1996 (Entered: 10/28/1996)

PACER
Nov. 6, 1996

Notice of appeal and certified copy of docket to USCA: [44−1] appeal by Samuel B. Wallace IV (jmk, Deputy Clerk) (Entered: 11/06/1996)

PACER
Nov. 6, 1996

Certified and transmitted record on appeal to U.S. Court of Appeals: [44−1] appeal by Samuel B. Wallace IV (Volumes 1 through 3) (jmk, Deputy Clerk) Modified on 11/06/1996 (Entered: 11/06/1996)

PACER
Nov. 18, 1996

USCA Case Number Re: [44−1] appeal by Samuel B. Wallace IV USCA NUMBER: 96−2611 (Barbara H. Rowe) (jmk, Deputy Clerk) (Entered: 11/18/1996)

PACER
45 July 14, 1997

ORDER (copy) from The Fourth Circuit Court of Appeals denying the petition for rehearing and suggestion for rehearing in banc are denied (c/s) (pkf, Deputy Clerk) (Entered: 07/14/1997)

PACER
46 July 21, 1997

JUDGMENT OF USCA (certified copy) "AFFIRMING" the Judgment of the District Court, and copy of opinion attached hereto Re: [44−1] appeal by Samuel B. Wallace IV (c/s) (pkf, Deputy Clerk) (Entered: 07/24/1997)

PACER
July 24, 1997

Record on appeal returned from U.S. Court of Appeals: [44−1] appeal by Samuel B. Wallace IV (pkf, Deputy Clerk) (Entered: 07/24/1997)

PACER

Case Details

State / Territory:

Maryland

Case Type(s):

Equal Employment

Key Dates

Filing Date: Aug. 30, 1993

Closing Date: March 23, 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Black male individual

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Federal

Department of Health and Human Services

Case Details

Causes of Action:

42 U.S.C. § 1981

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

District of Maryland 8:93-cv-02536

U.S. Court of Appeals for the Fourth Circuit 96-02611

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Basis:

Race discrimination

Sex discrimination

Affected Race(s):

Black

Affected Sex/Gender(s):

Male

Recommended Citation