Knoll v. Springfield Tp. School Dist., 82-1241

• Decision Date: 06 January 1983
• Docket Number: No. 82-1241,82-1241
• Citation: 763 F.2d 584
• Parties: 37 Fair Empl.Prac.Cas. 1812, 37 Empl. Prac. Dec. P 35,367, 25 Ed. Law Rep. 175 KNOLL, Madelin H., Appellant, v. SPRINGFIELD TOWNSHIP SCHOOL DISTRICT, a political subdivision of the Commonwealth of Pennsylvania; Roman, Louis A., Superintendent, Springfield Township School District; Lawn, John J., Hanshaw, Marie M., Commins, James A., Goren, Sara Lee, Hoch, William C. Jr., Hogue Jr., E. Burke, Kalish, Sally, Lieberman, Max L. and Tobin, Harpur M., individually and as members of the Board of School Directors Springfield Township School District. . Submitted Under Third Circuit Rule 12(6)
• Court: U.S. Court of Appeals — Third Circuit

Page 584

763 F.2d 584

37 Fair Empl.Prac.Cas. 1812,

37 Empl. Prac. Dec. P 35,367, 25 Ed. Law Rep. 175

KNOLL, Madelin H., Appellant, v. SPRINGFIELD TOWNSHIP SCHOOL DISTRICT, a political subdivision of the Commonwealth of Pennsylvania; Roman Louis A., Superintendent, Springfield Township School District; Lawn, John J., Hanshaw, Marie M., Commins, James A., Goren, Sara Lee, Hoch, William C. Jr., Hogue Jr., E Burke, Kalish, Sally, Lieberman, Max L. and Tobin, Harpur M., individually and as members of the Board of School Directors Springfield Township School District.

No. 82-1241.

United States Court of Appeals Third Circuit.

Submitted Under Third Circuit Rule 12(6)

Jan. 6, 1983.

On Remand from the Supreme Court Submitted Under Third Circuit Rule 12(6)

May 24, 1985.

Decided June 7, 1985.

Theodore M. Lieverman, Philadelphia, Pa., for appellant.

Charles Potash, Harris F. Goldich, Wisler, Pearlstine, Talone, Craig & Garrity, Norristown, Pa., for appellees.

Before ALDISERT, Chief Judge, and GIBBONS and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Chief Judge.

When this matter was first before us, 699 F.2d 137 (3d Cir.1983), we reversed the judgment of the district court and ordered the case remanded to the district court for further proceedings. After granting a petition for certiorari, the Supreme Court has returned the appeal to us for further consideration in light of Wilson v. Garcia, --- U.S. ----, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985). Springfield Township School District v. Knoll, --- U.S. ----, 105 S.Ct. 2065, 85 L.Ed.2d 275 (1985) (per curiam). After reconsideration, we adhere to our previous judgment.

This appeal required us to determine, inter alia, the appropriate statute of limitations in an employment discrimination suit brought under 42 U.S.C. Sec. 1983. ¹ Madelin H. Knoll brought an employment discrimination action against the Springfield Township School District based on 42 U.S.C. Sec. 1983 and Title VII of the Equal Employment Opportunity Act. The district court concluded that the Sec. 1983 action was time-barred by the new Pennsylvania statute which limits actions against government officials to six months, and that the Title VII claim was time-barred because it was filed more than 180 days from the last discriminatory act which the court determined occurred in July 1979. The district court granted the school district's motion for summary judgment. From that decision and order, Ms. Knoll appealed.

Her primary contention was that the district court erred in applying Pennsylvania's six-month statute of limitations to her claim of employment discrimination under Sec. 1983. That limitations provision, enacted as part of the new Pennsylvania Judicial Code, provides in pertinent part:

(b) Commencement of action required--The following actions and proceedings must be commenced within six months:

(1) An action against any officer of any government unit for anything done in the execution of his office, except an action subject to another limitation specified in this subchapter.

....

42 Pa.Cons.Stat.Ann. Sec. 5522(b)(1) (Purdon Supp.1984). We agreed with appellant that Pennsylvania's new six-month statute did not apply, and concluded that Pennsylvania's residuary six-year statute of limitations, which applies in the absence of another applicable limitations provision, should govern this Sec. 1983 action because it "better serves the policies expressed in the federal statutes." Sullivan v. Little Hunting Park, Inc., 396 U.S. 229, 240, 90 S.Ct. 400, 406, 24 L.Ed.2d 386 (1969).

In remanding for reconsideration, the Supreme Court agreed with our determination that the Pennsylvania six-month statute of limitation was not applicable. But it instructed that "all Sec. 1983 claims should be characterized for statute of limitations purposes as actions to recover damages for injuries to the person." Springfield Township School District v. Knoll, --- U.S. at ----, 105 S.Ct. at 2065. The Supreme Court thus adopted a bright-line approach to the problem of determining what statute of limitations should be applied in Sec. 1983 actions. In Wilson v. Garcia, the Court held that even though constitutional claims alleged under Sec. 1983 encompass numerous and diverse topics and subtopics, the state statute of limitations governing tort actions for the recovery of damages for personal injuries provides the appropriate limitation period. --- U.S. at ----, 105 S.Ct. at 1948. The Court believed that Congress in 1871 would have characterized Sec. 1983 as conferring a general remedy for injuries to personal rights. Id. at ----, 105 S.Ct. at 1948. The Court expressly rejected the possibility that states' residuary statutes of limitations be applied in Sec. 1983 actions: "The relative scarcity of statutory claims when Sec. 1983 was enacted makes it unlikely that Congress would have intended to apply the catchall periods of limitations for statutory claims that were later enacted by many States." Id. at ----, 105 S.Ct. at 1948.

Pennsylvania has a two-year limitations period for actions to recover damages for personal injuries. 42 Pa.Cons.Stat.Ann. Sec. 5524 (Purdon Supp.1984). The statute provides in...