Case: Chapman v. Maryland Department of State Police

1:23-cv-00442 | U.S. District Court for the District of Maryland

Filed Date: Feb. 17, 2023

Case Ongoing

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Case Summary

This case is about a Black employee of the Maryland Department of State Police (MDSP) who alleged that MDSP discriminated against him on the basis of race. Background This case arose against the backdrop of sustained scrutiny of the Maryland Department of State Police (MDSP) for alleged racial discrimination in its employment practices. In 2022, the U.S. Department of Justice launched a Title VII pattern-or-practice investigation into MDSP’s hiring and promotion procedures, ultimately concludin…

This case is about a Black employee of the Maryland Department of State Police (MDSP) who alleged that MDSP discriminated against him on the basis of race.

Background

This case arose against the backdrop of sustained scrutiny of the Maryland Department of State Police (MDSP) for alleged racial discrimination in its employment practices. In 2022, the U.S. Department of Justice launched a Title VII pattern-or-practice investigation into MDSP’s hiring and promotion procedures, ultimately concluding that its use of written and physical fitness tests disproportionately disqualified Black and female applicants without business justification. The investigation culminated in a 2024 consent decree requiring structural reforms, back pay, and priority hiring for affected candidates.

That same year, several Black troopers filed a separate class action—Tribue v. Maryland Department of State Police, 8:22-cv-02732 (D. Md.)—alleging systemic discrimination, hostile work environment, and retaliation. That suit detailed alleged racially offensive incidents within the agency and claimed that officers who reported discrimination were punished through reassignment, discipline, or denial of career advancement.

Chapman v. Maryland Department of State Police

This lawsuit was brought by a Black man who worked as a Deputy Chief Fire Marshal for the MDSM Office of the State Fire Marshal (OFSM). OSFM is an agency of the MDSP; it is responsible for statewide fire, arson, and explosive investigations. 

On February 17, 2023, the plaintiff filed this lawsuit in the U.S. District Court for the District of Maryland against OFSM. The case was assigned to Magistrate Judge A. David Copperthite. Represented by private counsel, the plaintiff asserted six counts against OFSM: 

  • Counts I, II, and III alleged that OFSM violated Title VII of the Civil Rights Act of 1964 by discriminating against the plaintiff on the basis of race and color and by retaliating against the plaintiff because he reported concerns about a racially hostile work environment.
  • Count IV alleged that OFSM violated the Maryland Fair Employment Practices Act (FEPA) by allowing racial harassment of the plaintiff.
  • Count IV alleged that OFSM violated the Family and Medical Leave Act (FMLA) by transferring the plaintiff and reducing the plaintiff’s job responsibilities for his failure to work while on a medical leave.
  • Count VI was a claim brought under 42 U.S.C. § 1983, alleging that OFSM violated the First Amendment's Free Speech Clause, the Fourteenth Amendment's Due Process Clause, and 42 U.S.C. § 1981 by punishing the plaintiff for speaking out about a racially hostile environment, depriving the plaintiff of due process when administratively suspending him, and taking adverse action against the plaintiff due to his race. 

The plaintiff sought declaratory and injunctive relief, back pay, compensatory and punitive damages, and attorneys’ fees.

The plaintiff alleged that he was involuntarily transferred, faced an unfounded internal investigation, and was suspended from employment purportedly due to a backlog in submitting origin and cause reports. According to the plaintiff, he was singled out for discipline despite the backlog being a department-wide issue. Specifically, the plaintiff alleged that the Fire Marshal made racially insensitive remarks during a conversation in February 2020. After then taking an (unrelated) medical leave of absence, the plaintiff alleged that he returned to work in March 2021, only to face intensified scrutiny and criticism from his supervisor—such as denying the plaintiff’s requests for additional resources and overtime to address his backlog. The plaintiff informed two OFSM Commanders of these events later that month. But, the plaintiff alleged, he still faced escalating retaliatory actions. On June 16, 2021, he was suddenly transferred to headquarters, stripped of his command responsibilities, and later subjected to personnel counseling. On October 12, 2021, he was suspended without notice, purportedly related to his work backlog. After an internal OFSM investigation, the plaintiff was reinstated in March 2022 under allegedly contentious conditions and unrealistic deadlines.

On May 1, 2023, OFSM moved to dismiss the plaintiff’s complaint in its entirety. OFSM argued that several of the plaintiff’s claims were barred by sovereign immunity under the Eleventh Amendment, and that the complaint failed to plausibly allege discriminatory or retaliatory conduct. On August 8, 2023, the court granted the motion in part and denied it in part. Judge Copperthite dismissed Count IV (FEPA), Count V (FMLA), and Count VI (§ 1983/§ 1981 claims) on sovereign immunity grounds, holding that the State of Maryland had not waived its Eleventh Amendment immunity for these claims. However, the court allowed Counts I–III (Title VII) to proceed. 2023 WL 5053545.

The case proceeded to discovery. On May 8, 2024, OFSM moved for summary judgment on the remaining claims. It argued that the plaintiff failed to identify any similarly situated white troopers who were treated more favorably, and that the decisions regarding his transfer, suspension, and non-promotion were based on legitimate, non-discriminatory reasons, including performance concerns and internal staffing needs.

On July 16, 2024, the court granted OFSM’s motion for summary judgment in full. Specifically, the court dismissed Count I (Title VII - race discrimination) and Count II (Title VII - color discrimination) because the plaintiff had not alleged “direct evidence” of discrimination and failed to show that comparators—similarly situated employees outside his protected class—were treated more favorably. Meanwhile, the court dismissed Count III (Title VII - retaliation) because the plaintiff failed to establish a causal connection between his alleged protected activity (raising concerns about racially insensitive conduct) and the adverse actions that followed. 2024 WL 3427054.

The plaintiff appealed the district court’s dismissal of his Title VII claims to the United States Court of Appeals for the Fourth Circuit. As of May 4, 2025, the appeal remains pending.

Summary Authors

Gordon Pignato (5/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66826395/parties/chapman-v-maryland-department-of-state-police/


Judge(s)

Copperthite, A. David (Maryland)

Attorney for Plaintiff
Attorney for Defendant

Ashe, Kyle Andrew

Bowen, Mark Holdsworth (Maryland)

General, Anthony G.

Jaskulski-Tripp, Jennifer Ann (Maryland)

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Documents in the Clearinghouse

Document
1

1:23-cv-00442

Plaintiff's Complaint for Equitable Relief and Compensatory Damages

Feb. 17, 2023

Feb. 17, 2023

Complaint
14

1:23-cv-00442

Memorandum Opinion

Aug. 8, 2023

Aug. 8, 2023

Order/Opinion

2023 WL 5053545

37

1:23-cv-00442

Memorandum Opinion

July 16, 2024

July 16, 2024

Order/Opinion

2024 WL 3427054

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66826395/chapman-v-maryland-department-of-state-police/

Last updated July 14, 2025, 9:15 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Maryland Department of State Police ( Filing fee $ 402 receipt number AMDDC-10441100.), filed by Derek Chapman. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Lewis, Dionna) (Entered: 02/17/2023)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

Feb. 17, 2023

Feb. 17, 2023

Clearinghouse
2

Summons Issued 21 days as to Maryland Department of State Police and Maryland Attorney General. (ols, Deputy Clerk) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
3

NOTICE of Case Assignment. This case has been assigned to Magistrate Judge A. David Copperthite. Derek Chapman or counsel for Derek Chapman are required to review and comply with the Magistrate Judge Pilot Project Procedures which can be downloaded here. Pursuant to Standing Order 2019-07, which can be downloaded here, counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded here. To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge. To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge. Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 3/3/2023. (ols, Deputy Clerk) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
4

Case Management Order. Signed by Magistrate Judge A. David Copperthite on 2/17/2023. (ols, Deputy Clerk) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
6

MOTION to Dismiss for Failure to State a Claim by Maryland Department of State Police (Attachments: # 1 Supplement Memorandum in Support, # 2 Text of Proposed Order)(Pickus, Phillip) (Entered: 05/19/2023)

May 19, 2023

May 19, 2023

PACER
7

NOTICE of Case Assignment. This case has been assigned to Magistrate Judge A. David Copperthite. Maryland Department of State Police or counsel for Maryland Department of State Police are required to review and comply with the Magistrate Judge Pilot Project Procedures which can be downloaded here. Pursuant to Standing Order 2019-07, which can be downloaded here, counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded here. To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge. To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge. Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 6/2/2023. (mg3s, Deputy Clerk) (Entered: 05/19/2023)

May 19, 2023

May 19, 2023

PACER
9

PAPERLESS ORDER: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge A. David Copperthite conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Fourth Circuit Court of Appeals, if an appeal is filed. Signed by Magistrate Judge A. David Copperthite on 5/31/2023. (ols, Deputy Clerk) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

PACER
10

RESPONSE in Opposition re 6 MOTION to Dismiss for Failure to State a Claim filed by Derek Chapman. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Lewis, Dionna) (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

PACER
11

NOTICE of Appearance by Laura Brett Harshbarger on behalf of Derek Chapman (Harshbarger, Laura) (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

PACER
12

NOTICE of Appearance by Mark Holdsworth Bowen on behalf of Maryland Department of State Police (Bowen, Mark) (Entered: 06/12/2023)

June 12, 2023

June 12, 2023

PACER
13

REPLY to Response to Motion re 6 MOTION to Dismiss for Failure to State a Claim filed by Maryland Department of State Police.(Pickus, Phillip) (Entered: 06/15/2023)

June 15, 2023

June 15, 2023

PACER
14

MEMORANDUM OPINION. Signed by Magistrate Judge A. David Copperthite on 8/8/2023. (ols, Deputy Clerk) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

Clearinghouse
15

ORDER granting in part and denying in part 6 Defendant's Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge A. David Copperthite on 8/8/2023. (ols, Deputy Clerk) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
16

Local Rule 103.3 Disclosure Statement by Maryland Department of State Police (Bowen, Mark) (Entered: 08/21/2023)

Aug. 21, 2023

Aug. 21, 2023

PACER
17

ANSWER to 1 Complaint by Maryland Department of State Police.(Bowen, Mark) (Entered: 08/21/2023)

Aug. 21, 2023

Aug. 21, 2023

PACER
18

SCHEDULING ORDER: Status Report due by 1/4/2024. Signed by Magistrate Judge A. David Copperthite on 8/22/2023. (Attachments: # 1 Scheduling Order, # 2 Standing Order Concerning Discovery) (ols, Deputy Clerk) (Entered: 08/22/2023)

Aug. 22, 2023

Aug. 22, 2023

PACER
19

Joint Correspondence re: Joint Letter on Preliminary Matters (Lewis, Dionna) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
20

AMENDED SCHEDULING ORDER: Status Report due by 3/4/2024. Signed by Magistrate Judge A. David Copperthite on 9/1/2023. (ols, Deputy Clerk) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
21

NOTICE of Appearance by Jennifer Ann Jaskulski-Tripp on behalf of Maryland Department of State Police (Jaskulski-Tripp, Jennifer) (Entered: 02/12/2024)

Feb. 12, 2024

Feb. 12, 2024

PACER
22

Joint MOTION for Extension of Time to Complete Discovery and Modify Scheduling Order by Maryland Department of State Police. (Attachments: # 1 Text of Proposed Order)(Bowen, Mark) (Entered: 02/28/2024)

Feb. 28, 2024

Feb. 28, 2024

PACER
23

ORDER granting 22 Joint Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge A. David Copperthite on 2/29/2024. (ah8s, Deputy Clerk) (Entered: 02/29/2024)

Feb. 29, 2024

Feb. 29, 2024

PACER
24

MOTION to Withdraw as Attorney for Laura Brett Harshbarger by Derek Chapman (Attachments: # 1 Text of Proposed Order)(Harshbarger, Laura) (Entered: 03/08/2024)

March 8, 2024

March 8, 2024

PACER
25

ORDER granting 24 Motion to Withdraw as Attorney. Attorney Laura Brett Harshbarger terminated. Signed by Magistrate Judge A. David Copperthite on 3/11/2024. (jf3s, Deputy Clerk) (Entered: 03/11/2024)

March 11, 2024

March 11, 2024

PACER
26

STATUS REPORT by Derek Chapman(Lewis, Dionna) (Entered: 04/03/2024)

April 3, 2024

April 3, 2024

PACER
27

-FILED IN ERROR- NOTICE by Derek Chapman Plaintiff's First Set of Requests for Admission of Facts (Lewis, Dionna) Modified on 4/11/2024 (ols, Deputy Clerk). (Entered: 04/10/2024)

April 10, 2024

April 10, 2024

PACER
28

QC NOTICE: 27 Notice (Other) filed by Derek Chapman was filed incorrectly. **Discovery should not be filed with the Court pursuant to Local Rule 104. It has been noted as FILED IN ERROR, and the document link has been disabled. (ols, Deputy Clerk) (Entered: 04/11/2024)

April 11, 2024

April 11, 2024

PACER
29

Joint MOTION for Extension of Time by Maryland Department of State Police (Attachments: # 1 Text of Proposed Order Proposed Order)(Bowen, Mark) (Entered: 05/03/2024)

May 3, 2024

May 3, 2024

PACER
30

ORDER granting 29 the Joint Motion to Extend Motions Deadline. Signed by Magistrate Judge A. David Copperthite on 5/3/2024. (ols, Deputy Clerk) (Entered: 05/03/2024)

May 3, 2024

May 3, 2024

PACER
31

MOTION for Summary Judgment by Maryland Department of State Police. (Attachments: # 1 Text of Proposed Order, # 2 Supplement Memorandum in Support, # 3 Supplement Exhibit List, # 4 Exhibit Ex. No.1 Plaintiff Deposition excerpts, # 5 Exhibit Ex. No. 2 Mowbray Declaration, # 6 Exhibit Ex. No. 3 OSFM communications, # 7 Exhibit Ex. No. 4 Allen Declaration, # 8 Exhibit Ex. No. 5 IA Report, # 9 Exhibit Ex. No. 6 IA interview 1, # 10 Exhibit Ex. No. 7, IA Interview 2, # 11 Exhibit Ex, No. 8 Disciplinary Charges, # 12 Exhibit Ex. No. 9 Hodges Declaration, # 13 Exhibit Ex. No. 10 Nelson Declaration, # 14 Exhibit Ex. No. 11 Stevens Declaration, # 15 Exhibit Ex. No. 12 Fair Practices and EEOC complaints)(Pickus, Phillip) (Entered: 05/24/2024)

May 24, 2024

May 24, 2024

PACER
32

Consent MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by Derek Chapman (Attachments: # 1 Text of Proposed Order)(Lewis, Dionna) (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

PACER
33

ORDER granting 32 Consent Motion for Extension of Time to File Response to 31 MOTION for Summary Judgment . Signed by Magistrate Judge A. David Copperthite on 6/10/2024. (dass, Deputy Clerk) (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

PACER
34

RESPONSE in Opposition re 31 MOTION for Summary Judgment filed by Derek Chapman. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit List, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5, # 8 Exhibit Exhibit 6, # 9 Text of Proposed Order)(Lewis, Dionna) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
35

NOTICE of Appearance by Kyle Andrew Ashe on behalf of Maryland Department of State Police (Ashe, Kyle) (Entered: 07/11/2024)

July 11, 2024

July 11, 2024

PACER
36

REPLY to Response to Motion re 31 MOTION for Summary Judgment filed by Maryland Department of State Police. (Attachments: # 1 Exhibit 13 - Suppl. Excerpt from Pl.'s Dep.)(Ashe, Kyle) (Entered: 07/12/2024)

July 12, 2024

July 12, 2024

PACER
37

MEMORANDUM OPINION. Signed by Magistrate Judge A. David Copperthite on 7/16/2024. (ols, Deputy Clerk) (Entered: 07/16/2024)

July 16, 2024

July 16, 2024

Clearinghouse
38

ORDER granting 31 Defendant's Motion for Summary Judgment. Signed by Magistrate Judge A. David Copperthite on 7/16/2024. (ols, Deputy Clerk) (Entered: 07/16/2024)

July 16, 2024

July 16, 2024

PACER
39

NOTICE OF APPEAL by Derek Chapman. Filing fee $ 605, receipt number AMDDC-11428591.(Lewis, Dionna) (Entered: 08/13/2024)

Aug. 13, 2024

Aug. 13, 2024

PACER
40

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 39 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(slss, Deputy Clerk) (Entered: 08/14/2024)

Aug. 14, 2024

Aug. 14, 2024

PACER
41

USCA Case Number 24-1766 for 39 Notice of Appeal filed by Derek Chapman - Case Manager - Emily Borneisen. (slss, Deputy Clerk) (Entered: 08/15/2024)

Aug. 15, 2024

Aug. 15, 2024

PACER

Case Details