Singer v. Bureau of Professional & Occupational Affairs, 648 F. App'x 193

James Singer, a licensed psychologist, had his license suspended in 1992 and has repeatedly sought reinstatement and relief since then.
In 2013 Singer filed his seventh § 1983 civil-rights complaint alleging "continuing violations" and retaliation tied to the suspension and to reported child-abuse cover-up; the District Court dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(i) & (ii) as frivolous and for failure to state a claim.
Singer sued multiple defendants, including the Board (and related entities) and individuals Sally Ulrich, John Gillespie, Agent Harris, and PSP officer John Pifer.
The District Court (and this panel) found claims against the first four named defendants barred by res judicata/claim preclusion based on prior final judgments involving the same causes of action.
Claims against Ulrich, Gillespie, and Harris were held time-barred under Pennsylvania’s two-year statute of limitations; Singer failed to plead a viable continuing-violation tolling theory with supporting facts.
Allegations against Pifer (2011 conduct) fell within the statute of limitations but were dismissed for failure to plead plausible facts connecting his conduct to cognizable constitutional harm or loss of income.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether claims against first four defendants are precluded by res judicata	Singer contends the claims are new or not precluded despite prior dismissals	Prior final judgments on the merits bar relitigation of same causes of action	Court: Res judicata applies; prior final judgments preclude these claims
Whether statute-of-limitations bars claims against Ulrich, Gillespie, Harris	Singer alleges continuing violations and recent retaliation continuing from original suspension	Defendants argue Pennsylvania's 2-year limitations applies and no tolling for continuing violations	Court: Claims time-barred; plaintiff failed to plead continuing-violation facts to toll limitations
Whether Singer sufficiently pleaded continuing-violation tolling	Singer asserts ongoing retaliation and cover-up that relate back to original violations	Defendants assert allegations are vague, nonspecific, and remote in time	Court: Allegations are conclusory and vague; continuing-violation doctrine not invoked
Whether allegations against Pifer state a plausible § 1983 claim	Singer claims Pifer told a third party the police searched for him for threats and failed to investigate reported child-abuse cover-up, causing loss of income	Defendants assert no facts show Pifer’s conduct caused a constitutional injury or economic harm	Court: Dismissed for failure to state a plausible claim under Twombly/Iqbal standards

Allah v. Seiverling, 229 F.3d 220 (3d Cir. 2000) (standard of review for § 1915(e)(2) dismissals)
United States v. Athlone Indus., Inc., 746 F.2d 977 (3d Cir. 1984) (elements of res judicata/claim preclusion)
In re Montgomery Ward, LLC, 634 F.3d 732 (3d Cir. 2011) (res judicata principles explained)
CoreStates Bank, N.A. v. Huls Am., Inc., 176 F.3d 187 (3d Cir. 1999) (res judicata applies to claims that could have been raised earlier)
Plaut v. Spendthrift Farm, Inc., 514 U.S. 211 (1995) (dismissal on statute-of-limitations grounds is a judgment on the merits)
Owens v. Okure, 488 U.S. 235 (1989) (state personal-injury statute of limitations governs § 1983 claims)
Cowell v. Palmer Twp., 263 F.3d 286 (3d Cir. 2001) (continuing-violation doctrine and tolling requirements)
O’Connor v. City of Newark, 440 F.3d 125 (3d Cir. 2006) (statute of limitations begins when claim accrues; aggregation as "continuing violations" insufficient)
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility pleading standard)
Grayson v. Mayview State Hosp., 293 F.3d 103 (3d Cir. 2002) (circumstances warranting dismissal with prejudice)