Coleman v. Talbot County Detention Center , 242 F. App'x 72 ( 2007 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-2024
    LINDA L. COLEMAN,
    Plaintiff - Appellant,
    versus
    TALBOT COUNTY DETENTION CENTER; TALBOT COUNTY,
    MARYLAND,
    Defendants - Appellees.
    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Benson Everett Legg, Chief District Judge.
    (1:04-cv-02295-BEL)
    Argued:   May 24, 2007                      Decided:   July 12, 2007
    Before MICHAEL, Circuit Judge, WILKINS, Senior Circuit Judge, and
    David C. NORTON, United States District Judge for the District of
    South Carolina, sitting by designation.
    Reversed and remanded by unpublished per curiam opinion.
    Leizer Zalman Goldsmith, Washington, D.C., for Appellant.   John
    Francis Breads, Jr., LOCAL GOVERNMENT INSURANCE TRUST, Columbia,
    Maryland, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Linda L. Coleman appeals an order of the district court
    dismissing her complaint, which alleged discrimination in violation
    of Title VII of the Civil Rights Act of 1964, see 42 U.S.C.A.
    § 2000e-2(a)(1) (West 2003).         Coleman concedes that her complaint
    was filed outside of the applicable limitations period.                   She
    maintains, however, that she is entitled to equitable tolling of
    the limitations period.           We agree and accordingly reverse and
    remand for reinstatement of Coleman’s complaint.
    I.
    A.
    Before turning to the facts of this case, we will briefly
    review the relevant aspects of the statutory scheme.               Prior to
    filing a civil action in federal district court, an individual must
    file   a   charge    of   discrimination    with   the   Equal    Employment
    Opportunity Commission (EEOC).        See 42 U.S.C.A. § 2000e-5(b), (e)
    (West 2003).        In Maryland, such charges are referred to the
    Maryland Commission on Human Relations (MCHR), a designated fair
    employment practice agency.          See 29 C.F.R. §§ 1601.70, .74(a)
    (2006).    Pursuant to a work-sharing agreement between the MCHR and
    the EEOC, the MCHR investigates the charge and reports its findings
    to the EEOC.        Upon receiving these findings, the EEOC may take
    action.     If--as     occurred    here--the   EEOC   concludes    that   the
    discrimination charge is without merit, it will issue a “right-to-
    2
    sue” letter to the charging party, who then has 90 days to file a
    civil complaint.         See 42 U.S.C.A. § 2000e-5(f)(1) (West 2003).
    B.
    Coleman was employed as a corrections officer by the Talbot
    County Department of Corrections (the County) between 1999 and
    February       2001.      On   February    14,    2000,    Coleman   filed   a     sex
    discrimination charge with the EEOC, which referred the matter to
    the MCHR. This initial charge was pro se, but Coleman subsequently
    obtained counsel, who notified the EEOC and the MCHR that he
    represented Coleman.           Counsel explicitly requested that copies of
    all correspondence be forwarded to him.
    In August 2001, while Coleman’s complaint was still pending
    before the MCHR, Coleman moved to Delaware.                      Although she had
    promised, when filing her complaint, to inform the EEOC of any
    address change, she failed to notify either the MCHR or the EEOC
    that she had moved.
    In December 2003, the MCHR sent its findings--concluding that
    there    was    no     probable   cause    to    support   Coleman’s      charge    of
    discrimination--to the EEOC, with a copy to counsel.                   Thereafter,
    on February 11, 2004, the EEOC issued a right-to-sue letter.                        At
    this    point,       Coleman   had   90   days--until      May   11--to    file    her
    complaint.       The EEOC mailed the letter to Coleman at her previous
    address in Maryland.           No copy of the letter was sent to counsel,
    although the EEOC’s internal operations manual directed that a copy
    3
    be sent to a party’s attorney if an appropriate request had been
    made.
    On March 29, 2004, counsel wrote to the EEOC requesting a
    right-to-sue letter.          He received no response.           On April 20,
    counsel telephoned the EEOC and was informed of the issuance of the
    right-to-sue letter.         On counsel’s request, the next day the EEOC
    purported to rescind the initial letter and replace it with a newly
    issued one.
    Counsel filed Coleman’s complaint in the federal district
    court on July 19, 2004, which was 90 days after the date of the
    reissued right-to-sue letter.          The district court granted summary
    judgment to the County, first concluding that the EEOC had no
    authority to reissue the right-to-sue letter.              The court further
    ruled that Coleman was not entitled to equitable tolling of the
    limitations period because the delay in notification was caused by
    her own failure to notify the EEOC of her change of address.
    Coleman now appeals, arguing that the district court erred in
    refusing to grant equitable tolling.
    II.
    The   parties   do   not   dispute   that   the   EEOC   had   no   legal
    authority to “reissue” the right-to-sue letter and that Coleman’s
    complaint was therefore untimely.            Accordingly, the only issue is
    whether Coleman was entitled to equitable tolling. See Watts-Means
    v. Prince George’s Family Crisis Ctr., 
    7 F.3d 40
    , 42 (4th Cir.
    4
    1993) (noting that 90-day time limit in discrimination actions is
    subject to equitable tolling).                A decision regarding equitable
    tolling is reviewed for abuse of discretion except when, as here,
    the facts are undisputed and the district court denies tolling as
    a matter of law.         See Smith v. Pennington, 
    352 F.3d 884
    , 892 (4th
    Cir. 2003).
    Equitable    tolling    is   “reserved         for   those   rare       instances
    where--due to circumstances external to the party’s own conduct--it
    would be unconscionable to enforce the limitation period against
    the party and gross injustice would result.”                     Rouse v. Lee, 
    339 F.3d 238
    , 246 (4th Cir. 2003) (en banc) (internal quotation marks
    omitted).      “[E]quitable tolling must be guarded and infrequent,
    lest circumstances of individualized hardship supplant the rules of
    clearly drafted statutes.”          Gayle v. UPS, 
    401 F.3d 222
    , 226 (4th
    Cir.   2005)    (internal     quotation       marks    omitted).         In    order   to
    demonstrate entitlement to equitable tolling, Coleman must “present
    (1)    extraordinary      circumstances,        (2)    beyond    [her]    control       or
    external to [her] own conduct, (3) that prevented [her] from filing
    on time.”      United States v. Sosa, 
    364 F.3d 507
    , 512 (4th Cir. 2004)
    (internal quotation marks omitted).
    In support of her claim to equitable tolling, Coleman relies
    on Stallworth v. Wells Fargo Armored Services Corp., 
    936 F.2d 522
    (11th Cir. 1991).         Stallworth filed a discrimination charge with
    the    EEOC.       See    
    Stallworth, 936 F.2d at 523
    .         While    the
    5
    investigation was ongoing, she moved to a temporary residence
    without notifying the EEOC of her change of address.                 See 
    id. However, during her
    absence she regularly checked for mail at her
    permanent residence.    See 
    id. at 523-24. Moreover,
    the family had
    an   established   practice   of   leaving   all   mail   in   a   designated
    location.    See 
    id. The EEOC sent
    a right-to-sue letter by
    certified mail to the permanent address, and it was received by
    Stallworth’s nephew.    See 
    id. at 523. Although
    Stallworth checked
    her mail six times during the month the letter arrived, she never
    actually received it.    See 
    id. at 524. The
    Eleventh Circuit ruled
    that Stallworth was entitled to equitable tolling, holding that she
    had been reasonably diligent in attempting to ensure receipt of the
    right-to-sue letter.    See 
    id. at 524-25. The
    court also noted that
    the error would have been avoided had the EEOC complied with
    counsel’s request to provide copies of all correspondence to him:
    “We conclude that the primary fault for the failed delivery in this
    case rests upon the EEOC because of its failure to mail a copy of
    the right-to-sue letter to Stallworth’s attorney.”             
    Id. at 525. Coleman
    cannot claim the kind of diligence demonstrated by
    Stallworth--Coleman’s address change was permanent, and she made no
    effort whatsoever to ensure receipt of the right-to-sue letter.
    Nevertheless, Stallworth supports Coleman’s claim for equitable
    tolling. Although we do not excuse Coleman’s failure to notify the
    EEOC of her change of address, it is not at all unreasonable for a
    6
    layperson who has retained counsel to assume that all further
    matters will be handled by her attorney.      We therefore conclude
    that, as in Stallworth, the primary fault is that of the EEOC for
    not--as both counsel and Coleman reasonably expected--sending a
    copy of the right-to-sue letter to counsel.    In this vein, we note
    with approval counsel’s diligence in pursuing the matter, first
    with the MHRC and then with the EEOC.*
    III.
    For the reasons set forth above, we reverse the denial of
    equitable   tolling   by   the   district   court   and   remand   for
    reinstatement of the complaint.
    REVERSED AND REMANDED
    *
    Alternatively, Coleman maintains that she and counsel were
    entitled to rely on the reissuance of the right-to-sue letter by
    the EEOC. She argues that the reissuance amounts to deliberate
    conduct by the EEOC that misled her into believing that she had 90
    days from the date of the reissued letter to file her complaint.
    Cf. Schlueter v. Anheuser-Busch, Inc., 
    132 F.3d 455
    , 458-59 & n.3
    (8th Cir. 1998) (granting equitable tolling when complaint was
    filed late due to incorrect advice by the EEOC; noting that
    counsel could not have anticipated the error made by the EEOC);
    Early v. Bankers Life & Cas. Co., 
    959 F.2d 75
    , 80-81 (7th Cir.
    1992) (indicating that pro se complainant, who was incorrectly
    told by EEOC that intake questionnaire was sufficient to preserve
    rights, might be entitled to equitable tolling). In light of our
    decision to grant equitable tolling on the basis of Stallworth, we
    do not address this claim.
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