Knussman v. Maryland

Howard Knussman (plaintiff), a Maryland state trooper, requested 30 days of sick leave under a state statute letting a "primary caregiver" use that much time to care for a newborn, after his wife's complicated pregnancy and ongoing health problems following the birth. Knussman said he was handling the bulk of the newborn's care -- diapering, feeding, bathing, doctor visits -- but Jill Mullineaux (defendant), of the state police personnel division, denied his request, telling him only women could be primary caregivers under the statute even though the statute itself said nothing about gender. Knussman sued Maryland, Mullineaux, and others for violating the Equal Protection Clause. The trial court granted qualified immunity to every defendant except Mullineaux and ruled for Knussman; Mullineaux appealed.