RODRIGUEZ-GARCIA v. MUNICIPALITY OF CAGUAS

No. 03-1493.

354 F.3d 91 (2004)

Carmen L. RODRÍGUEZ-GARCÍA, Plaintiff, Appellant, v. MUNICIPALITY OF CAGUAS; Hon. William Miranda-Marín, as Mayor of Caguas and in his personal capacity; Wilfredo Puig, as Vice Mayor of Caguas and in his personal capacity, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 7, 2004.


Attorney(s) appearing for the Case

Godwin Aldarondo-Girald, with whom Aldarondo Girald Law Office was on brief, for appellant.

Kenneth Colon for appellees William Miranda-Marín and Wilfredo Puig.

Grisselle Gonzalez-Negron, with whom Faccio & Pabon-Roca and Luis E. Pabon-Roca were on brief, for appellee Municipality of Caguas.

Before TORRUELLA, LYNCH, and HOWARD, Circuit Judges.


LYNCH, Circuit Judge.

The American common law rule is that generally the filing of a prior judicial action does not toll the statute of limitations. Puerto Rico has chosen a different rule, permitting such tolling. That rule gives rise to this appeal.

The federal civil rights claims brought by Carmen L. Rodríguez-García, a terminated public employee, were not timely unless they were saved by tolling based on an earlier complaint that she filed in...

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