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ALVARADO v. BD. OF T. OF MONTGOMERY COM. COLLEGE

No. 88-3007.

848 F.2d 457 (1988)

Arcangel ALVARADO, Plaintiff-Appellant, v. BOARD OF TRUSTEES OF MONTGOMERY COMMUNITY COLLEGE, Raul Parilla, As President of Montgomery Community College, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 3, 1988.

Attorney(s) appearing for the Case

Mayda Tsaknis, Rockville, Md., for plaintiff-appellant.

Maurice Baskin, Washington, D.C. (N. Peter Lareau, Baltimore, Md., Venable, Baetjer, Howard & Civiletti, Washington, D.C., on brief), for defendants-appellees.

Before WINTER, Chief Judge, MURNAGHAN, Circuit Judge, and RAMSEY, United States District Judge for the District of Maryland, sitting by designation.

MURNAGHAN, Circuit Judge:

The defendants in this case have asked the federal courts to apply a common-sense requirement in a hypertechnical fashion. If successful, they would unjustly prevent the plaintiff from having his claim of employment discrimination heard on the merits by a court of law. The district judge nevertheless granted summary judgment to the defendants, while expressing regret at the result, because he believed his hands were tied by a 1983 decision...

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