Legal Opinion

Harris v. Boyd Tunica, Inc.

Court of Appeals for the Fifth Circuit

Decided December 20, 2010No. 10-60452PublishedCited by 61 opinions

1Opinion of the Court

PRADO, Circuit Judge:

Plaintiff-appellant Ber’Neice Harris appeals the district court’s dismissal of her Title VII action for failure to timely file her complaint. Harris argues that the ninety-day filing period for her religious discrimination action should be equitably tolled because the delay was caused not by the plaintiff but by a clerical error made by her attorney’s paralegal. We agree with the district court that equitable tolling does not apply to normal situations of attorney negligence or inadvertence. Accordingly, we AFFIRM the district court’s order dismissing the Title VII case…

2Cases cited5 opinions

  1. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  2. Crown, Cork & Seal Co. v. ParkerSupreme Court of the United States · 1983
  3. Gonzalez v. KayCourt of Appeals for the Fifth Circuit · 2009
  4. Richard G. ESPINOZA, Plaintiff-Appellant, v. MISSOURI PACIFIC RAILROAD CO., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1985
  5. Teemac v. HendersonCourt of Appeals for the Fifth Circuit · 2002

3Cited by61 opinions

  1. Granger v. Aaron's, Inc.Court of Appeals for the Fifth Circuit · 2011
  2. Ryan Crostley v. Lamar County TexasCourt of Appeals for the Fifth Circuit · 2013
  3. Wallace v. Tesoro Corp.Court of Appeals for the Fifth Circuit · 2015
  4. Bernstein v. Maximus Federal ServicesCourt of Appeals for the Fifth Circuit · 2023
  5. Prewitt v. Continental AutomotiveDistrict Court, W.D. Texas · 2013

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