Appellate Law

CA1: SDO declines to extend 1985 to political affiliation

By S. COTUS

Perez-Sanchez v. Public Building Authority, No. 07-1869 (6/30/08).  Justice O?Connor gets to write on political discrimination.  This plaintiff claims that he was generally harassed and made miserable in the wake of a shift in Puerto Rican politics.

He served the director of legal services of the PBA.  Alas, she was only authorized to accept service for the defendants in their official ? but not personal ? capacities.  The First points out that there was no effort made to cure this.

The rest of the claims fail on statute of limitations grounds.  1983 claims get their statutes of limitations from state law, which, in this case, is one year.  The argument that this is a continuing violation fails, because all of the later events ?were either effects of that initial wrongful conduct, or isolated incidents that did not amount to separate and actionable violations.? 

A 1985(3) claim fails, because the First decides not to extend 1985(3) to political affiliation. 

Full post as published by Appellate Law and Practice on July 01, 2008 (boomark / email).