United States First Circuit

In an employment discrimination action brought by former employee, a researcher on the biological aspect of zebrafish, who was terminated after he stated he did not believe in the theory of evolution, denial of plaintiff's motion for leave to file an amended complaint, as well as a decision not to apply equitable tolling principles in granting defendant's motion for judgment on the pleadings, are affirmed where: 1) the request to amend was futile; and 2) the doctrine of equitable tolling could not apply as plaintiff failed to exercise diligence in meeting any of the filing deadlines for his employment discrimination claim.

Appellate Information

• Decided 01/22/2009
• Published 01/22/2009

Judges

• GARCIA-GREGORY, District Judge., Before LYNCH, Chief Judge, HOWARD, Circuit Judge, and GARCIA-GREGORY, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David C. Gibbs III, with whom Gibbs Law Firm, P.A. and Denise Minor were on brief for appellant.


• For Appellees:
  
• Robert M. Hale, with whom Goodwin Procter LLP, and Itia S. Roth were on brief, for appellees.