David Stanley v. Scott Morgan, et al.

Whether the Supreme Court’s pronouncement in Delaware State College v. Ricks, 449 U.S. 250, 101 S. Ct. 498, 66 L. Ed. 2d 431 (1980)— i.e., that “the pendency of a grievance, or some other method of collateral review of an employment decision, does not toll the running of the limitations period”—applies in cases where the operative grievance, appellate, administrative, or other similar procedure constitutes a “direct review” of, or otherwise postpones the “finality” or “officiality” of, an employment action, as opposed to a “collateral review.”

Whether the Supreme Court’s holding in Delaware State College v. Ricks, 449 U.S. 250, 101 S. Ct. 498, 66 L. Ed. 2d 431 (1980) created a blanket rule to apply to all grievance procedures in all cases or, instead, was limited to the grievance procedure present in that case.

Whether the Supreme Court’s holding in Delaware State College v. Ricks, 449 U.S. 250, 101 S. Ct. 498, 66 L. Ed. 2d 431 requires courts to conduct a fact-intensive analysis of the grievance, appellate, administrative, or other similar procedure at issue to determine whether it operates to postpone the “finality” or “officiality” of an employment action before concluding whether the pendency of said procedure tolls the running of the limitations period.