Alamo-Hornedo v. Puig
745 F.3d 578
| 1st Cir. | 2014Background
- In 2009, plaintiff Álamo-Hornedo worked for Puerto Rico Parole Board; Law 7 austerity measures terminated Commonwealth employees with <13.5 years’ service.
- An amendment carved out an exemption for Parole Board employees, creating a potential shield for Álamo-Hornedo.
- Álamo-Hornedo received notice of imminent termination on Feb 26, 2010; employment ended Mar 5, 2010.
- In Summer 2010, a local union suit reinstated plaintiff’s peers with back pay; judgment entered Feb 3, 2011.
- Eight months later, plaintiff filed a federal § 1983 action alleging due process violations; district court dismissed claim as time-barred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| accrual date for §1983 claim | Álamo-Hornedo argues accrual was Feb 2011 (post-judgment) so timely. | Defendants contend accrual occurred Feb 26, 2010 when notice given. | Accrual occurred Feb 26, 2010; timely filing required within one year. |
| tolling by state action | State court action tolled the limitations period for parallel federal action. | Tolling requires identical action; state suit did not toll due to form/claims differences. | No tolling; state action did not interrupt federal limitations. |
| identicality requirement | State action and federal action are sufficiently related to toll. | Identicality not shown: relief forms and claims differ (equitable vs. monetary). | Identicality not satisfied; tolling rejected. |
| advancement of timing | Awaiting CFI ruling could affect accrual timing. | Accrual turns on notice of injury, not judicial validation. | Accrual at notice; judicial vindication not required. |
| district court dismissal | District court erred in counting accrual and tolling wrongly. | District court correctly held time-barred and dismissed §1983 claim. | affirmed; district court properly dismissed the federal claim. |
Key Cases Cited
- Morán Vega v. Cruz Burgos, 537 F.3d 14 (1st Cir. 2008) (accrual when plaintiff knows of injury under federal law)
- City of Rancho Palos Verdes v. Abrams, 544 U.S. 113 (U.S. 2005) (borrowing state statute of limitations; accrual principles vary by context)
- Chardon v. Fernandez, 454 U.S. 6 (U.S. 1981) (notice of adverse employment decision triggers accrual)
- López-González v. Municipality of Comerío, 404 F.3d 548 (1st Cir. 2005) (accrual and notice considerations in First Circuit context)
- Nieves-Vega v. Ortiz-Quiñones, 443 F.3d 134 (1st Cir. 2006) (equitable relief vs. damages tolling distinctions under Puerto Rico law)
- Santana-Castro v. Toledo-Dávila, 579 F.3d 109 (1st Cir. 2009) (identicality requirement for tolling under Puerto Rico law)
- Patsy v. Bd. of Regents, 457 U.S. 496 (U.S. 1982) (exhaustion of state remedies not a condition precedent to §1983 action)
- Rodríguez-García v. Municipality of Caguas, 354 F.3d 91 (1st Cir. 2004) (identicality and tolling in Puerto Rico law context)
- Rodríguez Narvaez v. Nazario, 895 F.2d 38 (1st Cir. 1990) (borrowed limitations period for personal injury actions in Puerto Rico)