Millay v. State of Maine Dep’t of Labor, No. 14-1134 (1st Cir. 2014)Annotate this Case
Plaintiff, who was blind, requested transportation subsidies from a Maine state agency. The agency refused the request. After an unsuccessful appeal to an administrative hearing officer, Plaintiff brought suit in the federal district court. A magistrate judge recommended dismissal but suggested that Plaintiff reframe his action as one for judicial review under Title I of the Rehabilitation Act. Plaintiff subsequently sought leave to amend his complaint to assert a claim for judicial review. The agency objected, arguing that Plaintiff’s proposed claim was barred by Maine’s general thirty-day statute of limitations for judicial review of administrative decisions. The district court allowed Plaintiff to file his proposed amended complaint and concluded that the hearing officer should have granted Plaintiff relief. The agency appealed, arguing that Plaintiff’s action for judicial review was time-barred. The First Circuit affirmed, holding (1) Plaintiff’s judicial review action under 29 U.S.C. 722(c)(5)(J) arises out of a post-1990 congressional enactment within the meaning of 29 U.S.C. 1658, which enactment does not explicitly incorporate any specific limitations period; and (2) accordingly, the right to judicial review that the statute creates is subject to the general catch-all limitations period contained in section 1658(a).