To make out a prima facie case, a plaintiff must demonstrate (1) membership in a protected class; (2) and an attempt to enter into a contract with defendant; (3) while meeting the defendant's ordinary requirements to contract for goods or services; (4) which was denied to him but otherwise offered to white customers. See Williams v. Staples, Inc., 372 F.3d 662, 667 (4th Cir. 2004); cf. Woodbury v. Stepping Stones Shelter, Inc., No. PWG-17-1674, 2018 WL 3122457, at *5 (D. Md. June 25, 2018). If the plaintiff succeeds in this respect, the burden shifts to the defendant to demonstrate a legitimate nondiscriminatory reason for denying plaintiff the contract.
Montgomery County is a local government entity. See Woodbury v. Stepping Stones Shelter, Inc., No. PWG-17-1674, 2018 WL 3122457 at *6 (D. Md. June 25, 2018) (observing that Montgomery County is amenable to a § 1983 suit if brought as a Monell claim, which proceeds against municipalities such as the County) (quoting Horn v. Maryland, No. PWG-17-3633, 2018 WL 704851, at *2 (D. Md. Feb. 2 2018)). While local governments do not have respondeat superior liability under § 1983, Maryland law is clear that local government entities may incur "respondeat superior liability for civil damages resulting from State Constitutional violations committed by their agents and employees within the scope of the employment."