475 F. App'x 405
3d Cir.2012Background
- Thomas, pro se, sued Advance Housing for gross negligence and breach of contract under the New Jersey Law Against Discrimination.
- Advance Housing is a nonprofit providing housing and services to adults with mental health disabilities; Thomas was a client 2002–2008.
- Allegations include denial of medical attention, medication, and transportation to a food pantry due to race and disability, with incidents Feb–Apr 2008.
- District Court dismissed for lack of subject matter jurisdiction over the federal claims and a potential federal question under Title VI; Thomas appealed.
- On remand, Advance Housing moved to dismiss eighth amended complaint as time-barred for Title VI and LAD claims and to dismiss the contract claim for lack of jurisdiction.
- The Third Circuit summarily affirmed, holding the federal claims were time-barred and the contract claim fell with the federal dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Thomas's Title VI/LAD claims timely? | Thomas argued removal preserved filing date. | Advance Housing argued claims barred by the two-year limit. | Yes; claims time-barred; properly dismissed. |
| Does dismissal of federal claims bar the state-law contract claim under supplemental jurisdiction? | Supplemental jurisdiction should cover contract claim. | No jurisdiction absent federal claims. | District Court properly declined supplemental jurisdiction. |
| Was Thomas' removal effort properly effectuated to preserve federal jurisdiction? | Removal preserved the filing deadline. | No removal on docket; no authority supports preservation. | Removal unproven; not preserved. |
Key Cases Cited
- Wilson v. Garcia, 471 U.S. 261 (U.S. 1985) (federal statute of limitations for personal injury actions applies to § 1983/Title VI claims)
- Montells v. Haynes, 627 A.2d 654 (N.J. 1993) (two-year limitations period for LAD claims)
- Taylor v. Regents of Univ. of California, 993 F.2d 710 (9th Cir. 1993) (Title VI claims governed by similar statute of limitations as § 1983 claims)
- Bougher v. Univ. of Pittsburgh, 882 F.2d 74 (3d Cir. 1989) (applies personal injury limitations to Title IX-like claims under Title VI)
- McTernan v. City of York, Pa., 577 F.3d 521 (3d Cir. 2009) (provides standards for appellate review of dismissal under Rule 12(b)(1)/(b)(6))