Labor & Employment Law

Approval of a plaintiff?s request that the federal district court dismiss his or her then pending lawsuit may bar later reinstating the action

Perry v Commonwealth Of Pennsylvania and Pennsylvania State Police, Ca3, Docket #08-2884

Bonita Perry appealed from an order of the District Court for the Western District of Pennsylvania denying her motion to reopen her case alleging claims against the Commonwealth of Pennsylvania (?Commonwealth?) under the Americans With Disabilities Act (?ADA?) and the Rehabilitation Act of 1973 in federal court.

Perry had originally filed her lawsuit against the Commonwealth and the Pennsylvania State Police in the District Court, asserting both federal and state claims forfailure to reasonably accommodate her disability. She later requested that her federal claims be dismissed, electing to pursue only her state law claims in state court after the Commonwealth raised a jurisdictional objection to her federal claims.

Although the federal jurisdictional issue was subsequently clarified, the Circuit Court of Appeals said that agreed with the District Court that Perry knowingly abandoned her federal claims and that her current request for relief is untimely and unreasonable.

The court said that ?[n]either equitable tolling principles nor the Federal Rule of Civil Procedure 60(b)(1) ?excusable neglect? standard support Perry?s request at this late date to reopen her case in federal court.?

The decision, marked ?Not precedential? is posted on the Internet at:

http://www.ca3.uscourts.gov/opinarch/082884np.pdf

Full post as published by New York Public Personnel Law on May 13, 2009 (boomark / email).