Discriminatory Discharge Claim Accrues On Notice Date, Not Effective Date
DRAPER v. MARTIN (December 30, 2011)
The State of Illinois' fiscal year 2005 budget called for the layoffs of almost 200 Department of Transportation employees. On June 15, 2004 four IDOT employees received written notices advising them that they would be laid off "effective close of business June 30, 2004." Exactly 2 years after that effective date, on June 30, 2006, three of the four filed suit in federal court pursuant to section 1983 alleging violations of the First Amendment and due process. The fourth filed suit in Illinois state court. The state court case was removed to federal court. Judges Scott and Mills (C.D. Ill.), respectively, granted summary judgment to the defendants on statute of limitations grounds. Plaintiffs appeal.
In their opinion, Seventh Circuit Chief Judge Easterbrook and Judges Ripple and Kanne affirmed. The statute of limitations for a Section 1983 claim in Illinois is two years. When the claim arises out of an alleged discriminatory discharge, the cause of action accrues when the plaintiff is put on notice, not on the actual date of discharge. There is an exception for procedural due process cases, which accrue on the date of discharge. Although three plaintiffs did bring procedural due process claims, they waived them when they failed to argue them. Plaintiffs' principal argument is that their notices did not reflect a final termination decision and thus did not start the limitations period running. The Court rejected that contention. Each notice said "you will be laid off." A reasonable person would consider the notice unequivocal.
Michael Rigney practices in the law offices of GVC Ltd. in Chicago. In this blog, he reports on select