Parks v. Federal Express Corp.

1 F. App'x 273
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 4, 2001
DocketNo. 99-5827
StatusPublished
Cited by14 cases

This text of 1 F. App'x 273 (Parks v. Federal Express Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parks v. Federal Express Corp., 1 F. App'x 273 (6th Cir. 2001).

Opinion

PER CURIAM.

Plaintiffs appeal the dismissal as time-barred of their Title VII claims alleging racial discrimination.’ They contend their claims were timely because they alleged continuing violations. We AFFIRM the judgment of the district court.

I. BACKGROUND

Plaintiffs Tommy Winfield, Ricky Gran-derson, and Willie M. Parks charged Defendant Federal Express Corporation with discrimination before the Equal Employment Opportunity Commission (“EEOC”), alleging failure to promote on the basis of race. On August 21, 1997, the EEOC issued a right to sue letter to each Plaintiff.

Plaintiffs sued Defendant twice. First, Plaintiffs sued Defendant on November 10, 1997. Their Complaint consisted of 77 pages of allegations and 147 pages of exhibits, for a total of 224 pages. Defendant moved to dismiss or strike Plaintiffs’ Complaint because of its length. On January 28, 1998, the district court struck Plaintiffs’ Complaint and allowed them 20 days, until February 17, 1998, to amend their Complaint to comply with the short and plain statement requirements of Fed. R.Civ.P. 8. Instead of amending their Complaint, Plaintiffs dismissed their action and then sued Defendant a second time on March 16, 1998. Plaintiffs filed a First Amended Complaint on May 1,1998.

In the First Amended Complaint, Plaintiffs allege that Defendant subjected them to a “racially hostile work environment” and engaged in a pattern of discriminatory promotional practices against Plaintiffs on the basis of their race. Specifically, Plaintiff Parks alleges that he was denied promotions because of his race in December 1982, December 1983, March 1988, May 1995, January 1996 and “late 1996.” Plaintiff Winfield alleges that he was denied promotions because of his race in October 1993 and May 1995. Plaintiff Granderson alleges that he was denied promotions because of his race in October 1991, June 1992, October 1993, May 1995 and September 1995.

On May 18, 1998, Defendant moved to dismiss Plaintiffs’ First Amended Complaint for failure to state a claim. On January 6, 1999, the district court dismissed Plaintiffs’ Title VII claims as time-barred because they were not filed within ninety days after Plaintiffs received their right to sue letters. The district court did not find the Title VII claim amenable to equitable tolling. It also dismissed Win-field and Granderson’s claims under 42 U.S.C. § 1981 and the Tennessee Human Rights Act (“THRA”), Tenn.Code Ann. §§ 4-21-10 et seq., as time-barred and not viable under the continuing violation doctrine. It further dismissed as time-barred all of Parks’ § 1981 and THRA claims, except the alleged failure to promote in “late 1996,” which occurred within the limi[275]*275tation period. Finally, the district court dismissed all of Plaintiffs’ racial harassment claims of a hostile work environment because the alleged conduct was not sufficiently severe or pervasive to create an objectively hostile work environment.

On January 14, 1999, Plaintiffs moved to alter or amend the dismissal order. The district court denied the motion but permitted Parks to pursue a continuing violation theory to support his claim of failure to promote in late “1996.” On May 18, 1999, Parks dismissed his remaining § 1981 claim, which provided the predicate for federal jurisdiction. Declining to exercise its supplemental jurisdiction, the district court dismissed Parks’ remaining THRA claim.

Plaintiffs appeal the dismissal of their failure to promote claims under § 1981, THRA, and Title VII.

II. DISCUSSION

A. Section 1981

Plaintiffs contend that their Section 1981 claims were timely because they alleged a pattern of discrimination that continued into the limitations period.

Section 1981 borrows the applicable limitations period of the forum state. See Jackson v. Richards Med. Co., 961 F.2d 575, 578 (6th Cir.1992). Under the general Tennessee statute of limitations, § 1981 actions must be filed within one year after the cause of action accrued. “The following actions shall be commenced within one (1) year after the cause of action accrued: ... (3) Civil actions for compensatory or punitive damages, or both, brought under the federal civil rights statutes.... ” Tenn.Code Ann. § 28-3-104(a)(3) (Michie Supp.1999).

The continuing violation doctrine in Tennessee requires at least one allegedly discriminatory act within the applicable limitations period to which the time-barred conduct can be linked. See Dixon v. Anderson, 928 F.2d 212, 217 (6th Cir.1991) (“there must be a specific allegedly discriminatory act against the plaintiff within the relevant limitations period”); see also Blevins v. General Elec. Co., No 92-3606, 1993 WL 188381, at *2 (6th Cir. June 1, 1993)(unpublished per curiam); Haithcock v. Frank, 958 F.2d 671, 678 (6th Cir.1992); Parrish v. Ford Motor Co., No. 91-5300, 1992 WL 20305,

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Cite This Page — Counsel Stack

Bluebook (online)
1 F. App'x 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parks-v-federal-express-corp-ca6-2001.