Equitable tolling - not

The impact of the doctrine of sovereign immunity extends beyond its own limits to give governments an edge in many areas of litigation. One is in the doctrine of equitable tolling, which permits courts to bypass statutes of limitation when the defendant has actively misled the plaintiff as to when something must be filed.

A federal employee's untimely filing of a disability discrimination complaint with the Equal Employment Opportunity Commission cannot be salvaged by equitable tolling, the U.S. Court of Appeals for the First Circuit held Nov. 10. The doctrine of equitable estoppel is interpreted quite narrowly, especially in cases against the government, the court said. It found that the plaintiff, a clinical social worker with the Department of Veterans Affairs, failed to show that she received inadequate notice of the statute of limitations, that a motion for appointment of counsel was pending, that she was led to believe that she had done everything required, or that affirmative misconduct on the part of the defendant lulled her into inaction. Farris v. Shinseki, 1st Cir., No. 11-1080, 11/10/11.

80 U.S.L.W. 669. EMM