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Board of Regents Vs. Tomanio

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  • US Supreme Court
  • May 19, 1980

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63 entries 5 linked 58 unlinked
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  1. Monroe Vs. Pape US Supreme Court · Feb 20, 1961
  2. Robertson Vs. Wegmann US Supreme Court · May 31, 1978
  3. Occidental Life Ins. Co. of California Vs. Eeoc US Supreme Court · Jun 20, 1977
  4. O'Sullivan Vs. Felix US Supreme Court · Apr 13, 1914
    Relied / Followed
  5. Government Employees Vs. Windsor US Supreme Court · May 13, 1957
  6. U.S. 478 (1980) U.S. Supreme Court Board of Regents v. Tomanio
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  7. U.S. 478 (1980) Board of Regents v. Tomanio
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  8. federal constitutional claims, but also to apply the New York rule for tolling that statute of limitations. Robertson v. Wegmann
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  9. Johnson v. Railway
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  10. that the Board of Regents had not abused their discretion in denying respondent's application for a waiver. Tomanio v. Board
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  11. appropriate to toll the running of that statute during the pendency of her state court litigation. Relying on Mizell v. North
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  12. question, which we believe has been all but expressly resolved against the respondent by our decisions in Robertson v. Wegmann
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  13. and Monroe v Pape
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  14. Limitation borrowing was adopted for civil rights actions filed in federal court as early as 1914, in O'Sullivan v. Felix
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  15. supra. See Page 446 U. S. 485 also Carlson v. Green
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  16. and, as more fully discussed in Johnson v. Railway
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  17. In Robertson v. Wegmann
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  18. a federal policy which sometimes necessitates the displacement of an otherwise applicable state rule of law. Carlson v. Green
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  19. has not been held to warrant the displacement of state statutes of limitations for civil rights actions. Johnson v. Railway
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  20. Express Agency, Inc., supra. In Robertson v. Wegmann
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  21. In Johnson v. Railway
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  22. U.S. at 421 U. S. 461 . Adopting the same reasoning, we held in Electrical Workers v. Robbins
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  23. Id. at 429 U. S. 236 , quoting Alexander v. Gardner-Denver
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  24. S. 52 (1974). Applying the converse of this reasoning, this Court found in Occidental Life Ins. Co. of California v. EEOC
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  25. state proceedings, so that the claim may not even be maintained in federal court unless such resort be had, see Love v. Pullman
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  26. intent. We find the congressional intent here to be virtually indistinguishable from that found in Johnson v. Railway
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  27. Express, supra, and Electrical Workers v. Robbins
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  28. to require a litigant to pursue state judicial remedies prior to commencing an action under this section. In Monroe v. Pape
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  29. Younger v. Harris
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  30. See, e.g., the authorities cited in Johnson v. Railway
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  31. actions brought in Federal District Court in New York. Romer v. Leary
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  32. Meyer v. Frank
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  33. of the federal controversy had crystalized before respondent sought review in the state court system. Cf. Bonner v. Coughlin
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  34. action in federal court. Monroe v. Pape
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  35. action time-barred even were I confident that application of the New York rules would produce that result. Monroe v Pape
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  36. that a federal determination may be delayed pending resolution of certain state law issues, see Railroad Comm'n v. Pullman
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  37. it is worth the time and money, resort to state judicial review under state law would not be inconsistent with Monroe v. Pape
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  38. or res judicata rules that close the door of the federal courthouse. In the abstention context, England v. Louisiana
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  39. to a federal forum for his federal claims while giving effect to the concerns and policies underlying Railroad Comm'n v. Pullman
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  40. See Winters v. Lavine
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  41. Either step would put the State on notice that a federal constitutional challenge loomed, cf. Government Employees v. Windsor
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  42. for the Fifth Circuit concluded that a state statute of limitations would be tolled in such a situation. Mizell v. North
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  43. not bar a federal civil rights suit dealing with issues not actually litigated in a prior state court suit, Ornstein v. Regan
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  44. Lombard v. Board
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  45. result where a failure to reserve has led only to silence on the federal issue is less obvious. Government Employees v. Windsor
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  46. In the wake of Bishop v. Wood
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  47. Cf. Home Telephone & Telegraph Co. v. Los
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  48. U.S. Supreme Court Board of Regents v. Tomanio
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  49. Tomanio v. Board
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  50. Mizell v. North
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