Appellate Law

CA1: no administrative tolling in 1983 actions

By S. COTUS

Moran-Vega v. Cruz-Burgos, No. 07-1682.  This is yet another Puerto Rican political discrimination cases. The big issue is whether the borrowed statute of limitations 42 U.S.C. 1983 are tolled by the pendency of administrative proceedings.  The First rejects a ?continuing violation? argument as that the administrative procedures were politically tainted.  Further, under Puerto Rican law, the doctrine of administrative tolling would apply only if it sets out an "identical cause[] of action.?

A timely retaliation theory fails because his claim was not asserted in the amended complaint.

It also deals with a FRCP 59(e)/Fed. R. App. P. 4(a)(4)(A) issue.  Applying Marie v. Allied Home Mortgage Corp., 402 F.3d 1 (1st Cir. 2005), and concludes that since everyone seems to agree that it is reviewing the underlying motion to dismiss, it will review the underlying motion to dismiss despite some awkwardness in handling a motion for reconsideration.

Full post as published by Appellate Law and Practice on August 06, 2008 (boomark / email).