The opinion of the court was delivered by: Emmet G. Sullivan United States District Judge
Plaintiff Troy Thompson, an African American male who was terminated from the Metropolitan Police Department ("MPD") officer training program, brings this action against the District of Columbia (the "District") alleging that he was discriminated against on the basis of race and sex, and retaliated against, in violation of Title VII and the D.C. Human Rights Act ("DCHRA"). Pending before the court is defendant's motion for summary judgment. Upon consideration of the motion, the response and the reply thereto, as well as the applicable law, the defendant's motion shall be GRANTED.
Pursuant to Rule 56 of the Federal Rules of Civil Procedure, summary judgment should be granted only if the moving party has shown that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56; Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986); Waterhouse v. Dist. of Columbia, 298 F.3d 989, 991 (D.C. Cir. 2002). In determining whether a genuine issue of material fact exists, the court must view all facts in the light most favorable to the non-moving party. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). The non-moving party's opposition, however, must consist of more than mere unsupported allegations or denials and must be supported by affidavits or other competent evidence setting forth specific facts showing that there is a genuine issue for trial. Fed. R. Civ. P. 56(e); Celotex, 477 U.S. at 324. The court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in a statement of genuine issues filed in opposition to the motion." LCvR 7(h). See Arrington v. United States, 473 F.3d 329, 335 (D.C. Cir. 2006).
On January 13, 2006, plaintiff filed a complaint against the District of Columbia raising the following claims: Count I, discrimination based on gender, in violation of 42 U.S.C. § 2000e-2(a) and D.C. Code § 2-1401.01; Count II, discrimination based on race, in violation of 42 U.S.C. § 2000e-2(a) and (d) and D.C. Code § 2-1401.01; Count III, retaliation, in violation of §§ 703 and 704 of the Civil Rights Act of 1964. Compl. ¶¶ 39-54.
On February 22, 2008, the defendant filed a Motion for Summary Judgment, accompanied by a statement of material facts not in dispute. On April 4, 2008, plaintiff filed a memorandum in opposition to defendant's motion for summary judgment, but the memorandum in opposition was not accompanied by a separate concise statement of genuine issues setting forth all material facts as to which there is a dispute. Therefore, the Court shall treat defendant's uncontroverted factual assertions as conceded, pursuant to Local Civil Rule 7(h). Arrington, 473 F.3d at 335.
The following is defendant's uncontroverted statement of material facts:
Plaintiff Troy Thompson was hired by the MPD as a recruit officer on August 25, 2003 and scheduled to graduate from the police academy in April 2004. Plaintiff was notified by letter dated June 30, 2004 that he would be terminated from MPD effective July 9, 2004. Plaintiff's termination was based on the results of an investigation by MPD's Office of Internal Affair ("OIA") concerning plaintiff's arrest in Prince George's County for making threats and telephone misuse and, for making "false omissions" about drug use on plaintiff's MPD application. After being arrested, plaintiff was released on a $3000.00 bond.
On February 22, 2004, Linda Jameson, who claimed to have been involved in a relationship with plaintiff, sought and was granted a temporary peace order against plaintiff in the District Court of Maryland for Prince George's County. Ms. Jameson alleged in her "Application For Statement Of Charges" that plaintiff had physically assaulted, pulled a gun on her and threatened to kill her, threatened to harm her family and scratched her car with keys.
Plaintiff admits that he was arrested on charges of violating a peace order and criminal phone harassment. The case against plaintiff was dismissed "nolle pros" on March 16, 2004. Ms. Jameson reported that she dropped the case against plaintiff because of the fear that plaintiff "put on her family."
At the time of his arrest, plaintiff was attending the MPD police academy. Plaintiff was placed on non-contact status while OIA conducted its investigation. On April 8, 2004, Ms. Jameson was interviewed by OIA Agent Emmanuellen Moore and gave a statement in which she detailed her relationship with plaintiff and the threats he made against her.
During the course of the OIA investigation, Agent Moore also found out that plaintiff had previously applied to become a police officer in Prince George's County and during the application process plaintiff had admitted to using and selling marijuana. Plaintiff admitted that he answered the questions by indicating that he smoked marijuana on nine (9) occasions and that he had sold $12,000 worth of marijuana per week. Plaintiff admitted that he signed his application. As a result of plaintiff's answers to questions concerning drug use and sale, he was disqualified and denied employment with the Prince George's County Police Department. When plaintiff applied to the MPD, the application contained similar questions about drug use. On the MPD application, Personal History Statement, plaintiff answered "no" to questions about his drug use. Agent Moore concluded that plaintiff "falsified his MPD Personal History Statement to secure employment" with the MPD.
At the conclusion of Agent Moore's investigation she found that based on the threats to Ms. Jameson and plaintiff's answers to drug questions on the application, plaintiff had violated multiple MPD General Orders. Specifically, Agent Moore found that plaintiff violated General Order 1202.1 Part 1, Section B-12 (Conduct unbecoming of an Officer); General Order 1202.1 Part 1, Section I-B-6 (Willfully and knowingly making a false statement) and General Order 1202.1 Part ...