Baker v. Balto. City Dept. of Social Services
Filing
4
MEMORANDUM. Signed by Judge Benson Everett Legg on 7/29/11. (c/m 7/29/11 mps, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
TANIA BAKER,
*
Plaintiff
*
v
*
BALTIMORE CITY DEPT OF SOCIAL
SERVICES,
*
Civil Action No. L-11-1989
*
Defendant
***
MEMORANDUM
The above-captioned Complaint was filed on July 19, 2011. The Plaintiff, Tania Baker,
states that on June 29, 2011, she called an 800 number administered by the Baltimore City
Department of Social Services to report a lost or misplaced Independence Card.1 She alleges that
when she called back on July 1, 2011, the person with whom she spoke knew nothing about her
reported missing card. She claims that this alerted her to the fact that there was an effort
underway to discriminate against her and deny her benefits. Baker states that further evidence of
this scheme soon arrived in the form of a premature “reconsideration for benefits letter.” She
seeks four million dollars in emotional distress damages, an order enjoining the Defendant from
further discrimination “due to race, disability or otherwise,” and criminal charges against “all
responsible parties.” Compl., Docket No. 1.
The cover sheet attached to Baker’s Complaint states that she wishes to bring suit under
the Americans with Disabilities Act, which provides in pertinent part that “no qualified
individual with a disability shall, by reason of such disability, be excluded from participation in
1
An Independence Card is a card issued by the Maryland Department of Human Resources that replaces food
stamps and benefit checks. The card gives access to benefits electronically. See https://www.ebt.acs-inc.com.
or be denied the benefits of the services, programs, or activities of a public entity, or be subjected
to discrimination by any such entity.” 42 U.S.C. § 12132. Baker has failed, however, to allege
either that she has been excluded from participation in a benefit or that she has a disability.2 The
allegations in the Complaint also stop short of stating that her benefits have been actually
terminated by virtue of a final agency decision. Rather, Baker simply claims that her lost card
report was mishandled and that she erroneously received a notice regarding her benefits. A
Complaint made up of such allegations “lacks an arguable basis either in law or in fact” and must
be dismissed. Neitzke v. Williams, 490 U.S. 319, 325 (1989). A separate Order follows.
/s/
___________________________
Benson Everett Legg
United States District Judge
Dated this 29th day of July, 2011
2
Baker also fails to allege any facts from which a claim of racial discrimination might be gleaned.
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?