Opinion
No. 251, 1998.
Decided: November 23, 1998.
Superior CA 98C-05-249.
Affirmed.
Unpublished Opinion is below.
SARAH HALL, Plaintiff Below, Appellant, v. JOSEPH YACUCCI and LEWIS INDELLINI, Defendants Below, Appellees. No. 251, 1998. In the Supreme Court of the State of Delaware. Submitted: November 10, 1998. Decided: November 23, 1998.
Before HOLLAND, HARTNETT and BERGER, Justices.
ORDER
This 23rd day of November 1998, it appears to the Court that:
1) This is a pro se appeal by the plaintiff-appellant, Sarah Hall ("Hall"). In this appeal, Hall challenges the dismissal of her complaint filed in the Superior Court of the State of Delaware on May 28, 1998, Civil Action No. 98C-05-249. The Superior Court concluded that, because the statute of limitations had run, the complaint failed to state a claim upon which relief could be granted. The Superior Court dismissed the action on June 4, 1998.
2) In her complaint, Hall alleged that a wrongful dismissal from her position with the United States Postal Service caused her to lose disability benefits. The complaint also alleges constitutional civil rights violations and possibly intentional torts.
3) Delaware has a two-year statute of limitations for personal injury actions, including civil rights actions. 10 Del. C. § 8119; see Marker v. Talley, Del. Super., 502 A.2d 972, 975-76 (1985). If a plaintiff alleges federally protected constitutional rights violations in a complaint, the United States Supreme Court has held that those contentions must be considered as personal injury actions for purposes of the statute of limitations. See Wilson v. Garcia, 471 U.S. 261, 278 (1985); see also Marker v. Talley, Del. Supr., 502 A.2d 972, 975 (1985). Therefore, any civil rights violations in Delaware are governed by the two-year statute of limitations in personal injury actions under Title 10 Del. C. § 8119. To the extent that Hall's complaint can be construed as alleging employment discrimination, such allegations must be brought within the Delaware statute of limitations most applicable to wrongful discharge and employment discrimination claims. See DeWitt v. Penn-Del. Directory Corp., D. Del., 872 F. Supp. 126, 134 (1994). That statute of limitations is three years. 10 Del. C. § 8106.
4) Hall's complaint was filed on May 28, 1998. All of the operative events alleged in the complaint occurred no later than the end of 1986, well beyond the running of any possible applicable statute of limitations. Having granted Hall permission to proceed in forma pauperis, the Superior Court's subsequent decision to dismiss Hall's complaint as frivolous was entirely correct. 10 Del. C. § 8803(b).
NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Superior Court is AFFIRMED.