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Madden-Tyler v. Maricopa County3/6/1997
RYAN, Judge
Congress did not enact specific statutes of limitations for claims brought under § 1983 of the Civil Rights Act, § 504 of the Rehabilitation Act, or Title II of the Americans with Disabilities Act. Instead, the time limits of the most appropriate state statute are to be applied. In this appeal, we hold that the most appropriate statute of limitations for all three acts is Arizona Revised Statutes Annotated ("A.R.S.") § 12-542, setting a two-year limit for personal injury actions. Accordingly, we conclude that the trial court erred in applying different statutes of limitations and thus reverse the judgment dismissing appellant's claims on statute of limitations grounds.
FACTS AND PROCEDURAL HISTORY
Bonnie Madden-Tyler ("appellant") was employed by the office of the Clerk of the Maricopa County Superior Court as director of information services. In October 1992 she was assigned to a project to reorganize the office's file room. The project involved placing files in boxes and moving shelving units.
During a project planning meeting, appellee Jackie Crawford, appellant's supervisor, informed appellant and other staff members that the County could not afford to hire outside labor to assist with the project, and therefore the office staff would be required to do the work. Appellant informed Crawford that she could not do the physical labor involved because she had a very weak lower back and had undergone medical treatment for it in the past. Crawford told appellant that she still would have to perform the work required to complete the project.
On October 22, 1992, appellant worked from about 6 p.m. until midnight moving and unboxing files. When she left the office, she felt pain in her back. The next morning, she informed appellee Judith Allen, clerk of the superior court, that she had hurt her back and needed help to complete the project. Allen did not provide appellant with more help.
Appellant received medical treatment for her back pain. On December 22, 1992, she had surgery for a ruptured lumbar disk.
After using all her accrued sick and vacation leave and compensatory time, appellant returned to work. Because of her back condition, she could work only part-time. Appellant resigned from her job on April 1, 1993, because she could not control her work flow and her back pain made it difficult for her to concentrate. She filed a workers' compensation claim and received benefits.
Appellant wrote to the U.S. Department of Justice ("DOJ") and requested a waiver of the 180-day period for filing a claim with the Equal Employment Opportunity Commission ("EEOC"). The DOJ granted the waiver. On March 31, 1994, appellant filed the lawsuit from which this appeal arose. Appellant filed a charge of handicap discrimination with the EEOC on April 5, 1994; the EEOC issued a right-to-sue letter on April 22, 1994.
In her amended complaint, appellant brought claims against the defendants for violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101 to 12213; violation of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; wrongful constructive discharge in violation of public policy; and violation of her civil rights under 42 U.S.C. § 1983. She also brought a claim against Crawford for tortious interference with contract.
Appellees asked for dismissal of appellant's wrongful discharge and tortious interference claims on grounds that she had failed to raise those claims with the Maricopa County Merit Commission and that workers' compensation was her exclusive remedy for tort claims arising out of her work-related injury. The trial court dismissed those two claims.
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