Chardon et al. v. Fumero Soto et al. (462 U.S. 650)
U.S. Supreme Court · decided June 20, 1983 · Supreme Court Database (Spaeth)
- Citation
- 462 U.S. 650 · 103 S. Ct. 2611
- Decided
- June 20, 1983
- Term
- October Term 1982
- Vote
- 6–3
- Majority author
- Justice Stevens
- Issue area
- Civil Rights
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Stevens delivered the opinion of the Court. Petitioners, Puerto Rican educational officials, demoted respondents from nontenured supervisory positions to teaching or lower-level administrative posts in the public school system because of respondents’ political affiliations. Shortly before Puerto Rico’s 1-year statute of limitations would have expired, a class action was filed against petitioners on respondents’ behalf under 42 U. S. C. §1983. Subsequently class certification was denied because the class was not sufficiently numerous. The parties agree that the statute of limitations was tolled during the pendency of the §1983 class action, but they disagree as to the effect of the tolling. Did the 1-year period begin to run anew when class certification was denied, or was it merely suspended during the pendency of the class action? We must decide whether the answer is provided by Puerto Rican law or by federal law. On or after June 17, 1977, each of the 36 respondents received a written notice of demotion. On Monday, June 19, 1978, Jose Ortiz Rivera, suing on behalf of respondents and various other demoted and discharged employees, filed a class action against petitioners asserting claims under 42 U. S. C. § 1983 and under certain Puerto Rican statutes. On August 21, 1978, the District Court denied class certification on the ground that the membership of the class was…
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