USCA1 Opinion
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 97-1235
VANESSA PELLOT,
Plaintiff, Appellant,
v.
TRIPLE S., INC., ET AL.,
Defendants, Appellees.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Jose Antonio Fuste, U.S. District Judge]
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Before
Torruella, Chief Judge,
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Boudin and Stahl, Circuit Judges.
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Jose R. Franco on brief for appellant.
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Pedro J. Manzano-Yates and Fiddler Gonzalez & Rodriguez on brief
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for appellees Triple S., Inc. and Juan Velazquez.
Rafael Baella-Silva and Baella & Barcelo on brief for appellee
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Victor Correa.
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SEPTEMBER 9, 1997
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Per Curiam. We have reviewed the record in this case
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and the briefs submitted by the parties. We affirm the
decision of the district court, essentially for the reasons
stated in its opinion dated January 30, 1997. We add only
the following.
Plaintiff argues the time limitation for filing an EEOC
charge should have been tolled because she suffered mental or
emotional disability. Even if all the facts in plaintiff's
complaint are true, she has failed to allege the kind of
facts which would allow a court to toll the time limitations
imposed by Title VII. She does not allege she was unable to
engage in rational thought and deliberate decision making.
Cf. Nunnally v. MacCausland, 996 F.2d 1, 5 (1st Cir. 1993).
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Though she alleges she was distressed by appellee Correa's
alleged harassment and her brother's legal troubles, she does
not allege she was unable to function in society or
comprehend her legal rights and liabilities. Id. The
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threshold set by Nunnally is much higher, since "federal
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courts have 'typically extended equitable relief only
sparingly.'" Id. at 4 (quoting Irwin v. Veteran's Admin.
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Reg'l Office, 498 U.S. 89, 96 (1990)).
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Furthermore, even if appellant's alleged mental or
emotional disability prevented her, for a time, from pursuing
administrative remedies, she wholly failed to pursue those
remedies after the alleged disability was lifted. While
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Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 394 (1982)
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held the time limitations under Title VII are subject to
equitable tolling, that rule is not a basis for "skipping
entirely over the 'initial charge.'" Kizas v. Webster, 707
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F.2d 524, 546 (D.C.Cir. 1983).
The district court was correct to dismiss plaintiff's
claim for failure to pursue administrative remedies.
The judgment of the district court is AFFIRMED.
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