USCA1 Opinion
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
FOR THE FIRST CIRCUIT
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No. 96-1129
DONNA GUZIEJKA,
Plaintiff - Appellant,
v.
LOUIS PANAS, ET AL.,
Defendants - Appellees.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. George A. O'Toole, Jr., U.S. District Judge]
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Before
Torruella, Chief Judge,
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Coffin, Senior Circuit Judge,
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and Tauro,* District Judge.
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Matthew J. Buckley for appellant.
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John J. O'Brien, Jr., with whom Kirby, O'Brien & von
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Rosenvinge was on brief for appellee Louis Panas. Michael J.
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Keefe, with whom O'Malley and Harvey was on brief for appellee
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Town of Dracut. Thomas E. Sweeney, City Solicitor, for appellees
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John J. Sheehan and the City of Lowell. Regina M. Gilgun, with
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whom Douglas I. Louison and Merrick & Louison were on brief for
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appellee Susan Siopes. Joseph L. Bierwirth, Jr., Thomas M.
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Elcock and Morrison, Mahoney & Miller were on brief for appellees
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Raymond P. McKeon, Armand Caron, and the Town of Chelmsford.
Joseph L. Tehan, Jr., with whom Kurt B. Fliegauf and Kopelman and
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Paige, P.C. were on brief for appellees Town of Groton and George
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* Of the District of Massachusetts, sitting by designation.
(Jay) Rider.
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January 13, 1997
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Per Curiam. Appellant Donna Guziejka was laid off by
Per Curiam.
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the Town of Dracut Police Department, bypassed several times by
other Massachusetts police departments, then rehired by the Town
of Dracut. She attempted to file complaints with the
Massachusetts Commission Against Discrimination and the Equal
Employment Opportunity Commission, but was told by both agencies
that the limitations period had expired. Nearly two years later,
she brought this action against defendants claiming that they
discriminated against her in violation of 42 U.S.C. 1981, 42
U.S.C. 1983, 42 U.S.C. 2000e-2, and Massachusetts statutory
and criminal law by failing to hire her as a police officer. The
defendants moved to dismiss the complaint for failure to state a
claim upon which relief may be granted. The district court
dismissed her federal and statutory claims and remanded the state
common law claims to the Massachusetts Superior Court. After
carefully reviewing the briefs, the complaint, and the district
court order, we affirm the district court's dismissal of
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Guziejka's federal and state statutory claims and the remand of
her state common law claims for substantially the reasons set
forth by the district court in its Memorandum of Decision, dated
December 8, 1995.
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