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Bethzaida Cintran-Lorenzo v. Fondo Del Seguro Del Estado et al

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Before Lynch, Chief Judge, Souter, Associate Justice, *fn1 and Stahl, Circuit Judge.

SOUTER, Associate Justice. The plaintiff, Bethzaida Cintron-Lorenzo, alleges sexual harassment and discrimination by her employment supervisor, Orlando Aldebol-Borrero, at a Puerto Rican government insurance fund, Fondo del Seguro del Estado, and she has complained of this sexual misconduct in statutory and constitutional claims against them and others over the course of nearly eight years. This appeal challenges the district court’s dismissal of equal protection claims brought under 42 U.S.C. § 1983 and supplementary complaints under Puerto Rican statutes, the former found to have been filed after the statute of limitations had run. We affirm.

On the face of the pleadings and documents before the trial court, the § 1983 action is patently untimely. The most recent instance of allegedly forbidden action is said to have occurred on June 19, 2003 (identified in a 2003 administrative complaint of a violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., filed with the Equal Employment Opportunity Commission). It is undisputed that the limitation period for an equal protection claim under § 1983 is borrowed from local law and is one year in Puerto Rico. This action was not filed until July 10, 2007.

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