76 F.3d 380 (6th Cir. 1996), 94-6268, Soofi v. KFC Nat. Management Co.

Docket Nº:94-6268.
Citation:76 F.3d 380
Party Name:Shane A. SOOFI, Plaintiff-Appellant, v. KFC NATIONAL MANAGEMENT COMPANY, Defendant-Appellee.
Case Date:January 24, 1996
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 380

76 F.3d 380 (6th Cir. 1996)

Shane A. SOOFI, Plaintiff-Appellant,

v.

KFC NATIONAL MANAGEMENT COMPANY, Defendant-Appellee.

No. 94-6268.

United States Court of Appeals, Sixth Circuit

January 24, 1996

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)

On Appeal from the United States District Court, for the Western District of Tennessee, No. 93-02298; Jerome Turner, District Judge.

W.D.Tenn.

REVERSED.

Before: LIVELY, NELSON and SUHRHEINRICH, Circuit Judges.

PER CURIAM.

Plaintiff Shane A. Soofi appeals the district court's grant of summary judgment for defendant on plaintiff's employment discrimination action brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and 42 U.S.C. § 1981. Plaintiff contends that the district court erred in declining to hold that Title VII's ninety-day filing period, 42 U.S.C. § 2000e-5(f)(1), and the one-year statute of limitations for suits filed under 42 U.S.C. § 1981 1 were subject to equitable tolling. We REVERSE and REMAND for a determination of whether equitable tolling should attach in this case.

I.

Soofi filed an Equal Employment Opportunity Commission ("EEOC") complaint against defendant KFC National Management Company ("KFC") in November 1991, alleging that he was harassed, disciplined, and demoted because of his race and national origin. He received his right to sue letter on November 27, 1991.

Soofi filed suit in district court on February 27, 1992, averring that he was discriminated against on the basis of his race and national origin, and in retaliation for having previously filed a charge of discrimination with the EEOC. Subsequently, Soofi claimed that he was experiencing psychological problems, and submitted a proposed Order of Dismissal Without Prejudice Subject to Conditions. The district court entered the order, in which Soofi agreed to the dismissal of his suit,

subject only to the condition and stipulation that plaintiff will not refile or recommence this action until such time as he has been fully released from the care of his physicians, psychiatrists and psychologists and can submit to this Court certification that he is medically fit to pursue his action.

(October 30, 1992 Order of Dismissal.) Soofi had been discharged from a psychiatric hospital at this point, but was under the care of a psychiatrist. Soofi filed the instant action on April 1, 1993, incorporating the lawsuit subject to the October 30, 1992 Order of Dismissal. KFC filed a motion for summary judgment on May 13, 1994, on the ground that Soofi had not filed his complaint within ninety days of his receipt of a right to sue letter, as required for his Title VII claim, or within one year of the alleged discrimination, as required for his § 1981 claim. Soofi responded that he had filed a timely complaint which was dismissed subject to the condition that he would not recommence the action until he was medically fit to pursue it. The more recent complaint, Soofi argued, was intended as the recommencement contemplated by that order. Under these circumstances, Soofi contended, equitable tolling should apply. The district court granted KFC's motion...

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