UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

ESTATE OF FRANCIS M. HOFFMAN,

Plaintiff-Appellant,

v.

No. 98-1865

BALTIMORE CITY PUBLIC SCHOOLS;

MAYOR AND CITY COUNCIL OF

BALTIMORE, a municipal corporation,

Defendants-Appellees.

Appeal from the United States District Court

for the District of Maryland, at Baltimore.

William M. Nickerson, District Judge.

(CA-95-2793-WMN)

Submitted: January 5, 1999

Decided: February 10, 1999

Before MURNAGHAN and WILKINS, Circuit Judges, and

HALL, Senior Circuit Judge.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

John F. Conwell, DAVIS & ASSOCIATES LAW OFFICES, P.A.,

Towson, Maryland, for Appellant. Otho M. Thompson, City Solicitor,

Joanne Evans-Anderson, Principal Counsel, BALTIMORE CITY

LAW DEPARTMENT, Baltimore, Maryland, for Appellees.

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Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

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OPINION

PER CURIAM:

Francis Martin Hoffman1 filed this action in the district court,

alleging that the Baltimore City Public Schools (BCPS), the Mayor,

and the City Council of Baltimore violated his rights under the Americans with Disabilities Act, 42 U.S.C.A. §§ 12101-12213 (West 1995

& Supp. 1998). He alleged that BCPS failed to hire him as a teacher

because of his mental illness. Hoffman had a history of manic depressive or bipolar affective disorder dating back to 1975. He received

treatment for this condition, and the illness was stable and controlled

by medication during the relevant time period. Hoffman was accredited to teach first grade through middle school for a five-year period

ending July 1, 1997.

A 1988 complaint with the Baltimore Community Relations Commission alleging that BCPS failed to hire Hoffman because of his history of mental disability resulted in a finding of probable cause in

1991. Because of the finding, BCPS agreed to consider Hoffman for

employment for the 1992 hiring year. Hoffman alleged that most

teachers hired for the 1992-93 school year were selected by school

principals at two consortia held in June 1992, but Hoffman was not

notified of those events. He was sent on interviews to four schools;

none of the principals of those schools offered him a job. No one

questioned him about his mental disability during the interviews, or

suggested any awareness of the disability. Hoffman asserted in his

complaint that BCPS did not hire him because of his alleged disability, that he was not processed through the normal hiring channels, and

that he was not hired in retaliation for his prior claim of discrimination.2

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1 Hoffman has died since the appeal was noted, and his estate is proceeding with the appeal.

2 The retaliation claim is not presented on appeal; therefore, we do not

address it.

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Hoffman and BCPS moved for summary judgment. The district

court, concluding that Hoffman had made only bald assertions in support of his claim, granted BCPS's motion and entered summary judgment against Hoffman. Hoffman appeals.

This court reviews the district court's order granting summary

judgment de novo. Beard Plumbing & Heating, Inc. v. Thompson

Plastics, Inc., 152 F.3d 313, 315 (4th Cir. 1998). Summary judgment

is appropriate where there is no genuine issue of material fact, and the

moving party is entitled to judgment as a matter of law. Anderson v.

Liberty Lobby, Inc., 477 U.S. 242, 250 (1986). The facts and any permissible inferences to be drawn therefrom must be viewed most

favorably to the nonmoving party. Matsushita Elec. Indus. Co. v.

Zenith Radio Corp., 475 U.S. 574, 587-88 (1986). If the nonmoving

party fails to show an essential element of the case for which he has

the burden of proof, summary judgment is appropriate. Celotex Corp.

v. Catrett, 477 U.S. 317, 323 (1986).

Under the ADA, no employer "shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to . . . the hiring, advancement or discharge of

employees. . . ." 42 U.S.C.A. § 12112 (West 1995). To establish a

violation of the ADA in this factual context, a party must prove: (1)

that he has a disability; (2) that he is otherwise qualified for the position; and (3) that he was excluded from employment because of discrimination "solely on the basis of the disability." Shafer v. Preston

Memorial Hosp. Corp., 107 F.3d 274, 276 (4th Cir. 1997). An

employer must be aware of an individual's disability for ADA liability to exist. Hedberg v. Indiana Bell Tel. Co. , 47 F.3d 928, 931 (7th

Cir. 1995). Unsupported speculation does not satisfy a party's burden

to produce some evidence in resisting a summary judgment motion.

Id. at 931-32.

Hoffman conceded that, in the BCPS at the time of his interviews,

the principal of each school had ultimate hiring authority. He had no

evidence that any of the principals with whom he interviewed was

aware of his mental illness. The fact that one principal "knew that

Hoffman was familiar with mental health issues" is not adequate to

sustain the burden of establishing knowledge. Without evidence of

this essential element of the cause of action, Appellant's claim fails.

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We conclude that the district court applied the correct legal standard in granting summary judgment, and that no genuine issues of

material fact require that the judgment be reversed. We therefore

affirm the decision of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented

in the materials before the court and oral argument would not aid the

decisional process.

AFFIRMED

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