Mercado v. Commonwealth of P.R., No. 15-1327 (1st Cir. 2016)
Annotate this CasePlaintiff sued the Commonwealth of Puerto Rico and three other Puerto Rico governmental entities under Title II of the Americans with Disabilities Act, alleging that, in ordering her committed to a psychiatric hospital, Defendants discriminated against her and denied public services to her because she was “regarded as” having a physical or mental impairment within the meaning of the ADA. The district court dismissed Plaintiff’s suit as time-barred after applying the one-year Puerto Rico statute of limitations. At issue on appeal was whether the limitations period set forth in 28 U.S.C. 1658 applied to Plaintiff’s case. The First Circuit reversed, holding that Plaintiff’s claims are governed by the catch-all limitations period set forth in section 1658. Remanded.
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