United States Eighth Circuit

In a case filed against USPS ten months after USPS rendered a final agency decision on an employee's Equal Employment Opportunity (EEO) complaint, summary judgment for employer is affirmed where: 1) employee's ADA action was time barred as she failed to file it within 90 days after the agency's final decision; and 2) plaintiff was not entitled to an evidentiary hearing on unsupported allegations that the time period should have been equitably tolled based on her mental illness ,as she failed to adduce evidence substantiating her disability claims.

Appellate Information

• Decided 04/09/2008
• Published 04/09/2008

Judges

• COLLOTON, Circuit Judge., Before RILEY, COLLOTON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David C. Knieriem, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Thomas S. Rea, AUSA, St. Louis, MO, Ray E. Donahue, DOJ, Washington, D.C., for appellee.