Ayala v. Shinseki, No. 13-2260 (1st Cir. 2015)
Annotate this CasePlaintiff, a retired employee of the Department of Veterans Affairs (VA), filed a civil action in the district court pursuant to Title VII’s anti-retaliation provision, alleging several claims. The district court granted partial summary judgment in favor of the VA dismissing all but one of Plaintiff’s retaliation claims, concluding that the majority of Plaintiff’s claims were untimely and, in regards to another, Plaintiff failed to show a prima facie case of retaliation. Plaintiff then requested voluntary dismissal with prejudice of her remaining claim. The district court granted the request and dismissed the entire complaint with prejudice. The First Circuit affirmed, holding that the continuing violation doctrine did not apply to Plaintiff’s claims and, thus, her claims were time-barred.
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