Brown v. Parkchester South Condominiums
Decision Date | 12 April 2002 |
Docket Number | Docket No. 01-7790. |
Citation | 287 F.3d 58 |
Parties | Joel BROWN, Plaintiff-Appellant, v. PARKCHESTER SOUTH CONDOMINIUMS, Defendant-Appellee. |
Court | U.S. Court of Appeals — Second Circuit |
Joel E. Brown, pro se, Washingtonville, NY, for Plaintiff-Appellant.
James F. Berg, New York, NY, for Defendant-Appellee.
Before: LEVAL and SOTOMAYOR, Circuit Judges, and RAGGI, District Judge.*
Plaintiff-appellant Joel Brown, pro se, appeals from a judgment dismissing his action brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., and the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-213. Brown filed suit against Parkchester South Condominiums ("Parkchester"), his former employer.
In his complaint, Brown claimed that he had been improperly terminated from his position as a security guard at Parkchester. Thereafter, in the district court, Parkchester moved for dismissal pursuant to Fed.R.Civ.P. 12(b)(6) based on Brown's failure to file his complaint within 90 days of receipt of a right to sue letter from the Equal Employment Opportunity Commission. In response, Brown argued that his medical condition prevented him from timely filing his complaint because he was unable to complete complex tasks. The district court (Knapp, J.) granted the motion, concluding that equitable tolling of the limitations period was not warranted because there had been no showing that Brown's medical condition rendered him incapable of complying with the deadline.
We review the dismissal of the complaint de novo. See United States v. New York Medical College, 252 F.3d 118, 120 (2d Cir.2001). Equitable tolling principles have been applied where the plaintiff "actively pursued judicial remedies" but filed a defective pleading during the specified time period. See South v. Saab Cars USA, Inc., 28 F.3d 9, 11-12 (2d Cir.1994). The issue of whether a mental disability warrants equitable tolling of a filing deadline requires a "highly case-specific" inquiry. See Boos v. Runyon, 201 F.3d 178, 184 (2d Cir.2000) ( ).
Although Brown did prepare and serve a summons on Parkchester in a timely fashion, there is evidence that his medical condition may have precluded him from appreciating that he had failed to attach a copy of the complaint to the summons. Certain mental and medical conditions, Brown argues, hinder him from following through on complex tasks. Although "a plaintiff's failure to act diligently is not a reason to invoke equitable tolling," Saab Cars USA, 28 F.3d at 12, equitable tolling may be appropriate where the plaintiff's failure to comply with the statute of limitations is attributable to the plaintiff's medical condition. We recognize that drawing these distinctions can be difficult as "mental illnesses are as varied as physical illnesses, which is why our Circuit adheres to a case-specific approach," Boos, 201 F.3d at 185. Compare Canales, 936 F.2d at 759 () ; wi...
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