Johnson v. Henderson, 99-3655WA
Decision Date | 29 November 2000 |
Docket Number | No. 99-3655WA,99-3655WA |
Citation | 234 F.3d 367 |
Parties | (8th Cir. 2000) Charles Henry Johnson, Appellant, v. William H. Henderson, Postmaster General, United States Postal Service, Appellee. Submitted: |
Court | U.S. Court of Appeals — Eighth Circuit |
On Appeal from the United States District Court for the Western District of Arkansas.
Before RICHARD S. ARNOLD, HANSEN, and BYE, Circuit Judges.
Charles Johnson appeals the District Court's 1 adverse grant of summary judgment in his Age Discrimination in Employment Act and Title VII lawsuit in which he alleged that the United States Postal Service (USPS) did not hire him on account of age and race discrimination. The Court granted Defendant's motion for summary judgment because Johnson had failed to exhaust his administrative remedies: he initially submitted his Equal Employment Opportunity Complaint of Discrimination in the Postal Service to the wrong office, then submitted it to the correct office after the applicable time limit had run.
We agree with the District Court that the time for filing the complaint began when Johnson received the complaint form and the filing instructions, not when he retained counsel and furnished the materials to him. See Irwin v. Department of Veterans Affairs, 498 U.S. 89, 92 (1990) ( ). We also agree with the Court that the materials unambiguously informed Plaintiff of the correct office with which to file the complaint and of the deadline for filing, and that the erroneous filing was his or his attorney's--not USPS's--fault, so that equitable tolling does not apply. See id. ( ); Shempert v. Harwick Chem. Corp., 151 F.3d 793, 798 (8th Cir. 1998) (, )cert. denied, 525 U.S. 1139 (1999); Harris v. Administrator, Veterans Admin., 924 F.2d 148, 149-150 (8th Cir. 1991) ( ).
Finally, we decline to consider Plaintiff's argument, raised for the first time on appeal, regarding the Uniformed Services...
To continue reading
Request your trial-
Lucht v. Encompass Corp.
...that a plaintiff has provided the EEOC." Hill v. John Chezik Imports, 869 F.2d 1122, 1123 (8th Cir.1989). See also Johnson v. Henderson, 234 F.3d 367, 368 (8th Cir. 2000) ("the time for filing the complaint began when Johnson received the complaint form and the filing instructions, not when......
-
Chappell v. Butterfield-Odin School District No. 836
...an attorney's negligence does not establish "extraordinary circumstances" justifying equitable tolling. See Johnson v. Henderson, 234 F.3d 367, 368 (8th Cir.2000) (per curiam) (no equitable tolling where late filing is the result of attorney's ordinary neglect). In addition, although Chappe......