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Pius Barikpoa Nwinee v. St. Louis Developmental Disability Treatment Centers, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 21-1185 · judgment September 2, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Should the doctrine of equitable tolling be ex panded to include a situation in which a pro se lit igant who filed his case under Title VII EEOC administrative process believed that their com plaint filed with the EEOC pursue to work sharing agreement prior to filling in U. S. District Court even though their complaint, timely filed with the EEOC, would consequently be untimely filed in U. S. District Court after the expiration of the ninetyday filing period.
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Should a pro se litigant be penalized or should his case be dismissed in a case where the U. S. District Court single handedly removed a defendant on a narrow assumption that the court did not believe defendant is in violation of Title VII despite the fact that the EEOC has issued “a right-to-sue let ter” in a case with one or more defendants as basis to dismiss the case as untimely.
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Should a pro se litigant be penalized in a case where the U. S. District Court intentionally re moved defendant or refuse to examine others on the basis that one out of the more defendants has an expiration of the ninety days filing period de spite the fact that the EEOC has prior issued a right to sue letter against all?
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Could a discriminatory claim of race and national origin and retaliatory retaliation of likes or related claims grow out of prior EEOC administrative pro cess based on a failure to exhaust administrative remedies filed on the same defendants if such act occurred more than once.
Counsel of record
For petitioner
Pius Barikpoa Nwinee
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 21 2022Petition DENIED.
- Feb 23 2022DISTRIBUTED for Conference of 3/18/2022.
- Dec 30 2021Petition for a writ of certiorari filed. (Response due February 7, 2022)