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FITZGERALD v. LARSON

No. 83-3493.

741 F.2d 32 (1984)

Francis W. FITZGERALD, Appellant, v. Thomas LARSON, Individually and as Secretary of the Pennsylvania Department of Transportation; John Harhigh, Individually and as Director of the Bureau of Human Resources; Robert Rowland, Individually and as District Engineer, Engineering District 6-0; Samuel Arrigo, Individually and as Maintenance Manager, Maintenance District 6-1, Buck County; Louis O'Brien, Individually and as Director Bureau of Maintenance; Joseph Wade, Individually and as Assistant District Engineer; Honorable Richard Thornburgh, Individually and as Governor of the Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided August 20, 1984.

Attorney(s) appearing for the Case

Ronald Jay Smolow, Trevose, Pa., for appellant.

James J. Kutz, Deputy Atty. Gen. (argued), LeRoy S. Zimmerman, Atty. Gen., Andrew S. Gordon, Allen C. Warshaw, Deputy Attys. Gen., Chief, Litigation Section, Harrisburg, Pa., for appellees.

Before GARTH, SLOVITER, Circuit Judges, and FISHER, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The issue for decision is which of Pennsylvania's statutes of limitations applies to plaintiff's claim that he was wrongfully discharged by his employers, Pennsylvania state officials, in violation of his First Amendment rights.

I.

Francis Fitzgerald was employed by the Pennsylvania Department of Transportation (PennDOT) in a nontenured position until his dismissal on June 7, 1979. He brought...

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