Second Circuit – Equitable tolling: Clark v. Hanley

United States Court of Appeals for the Second Circuit

Equitable tolling

Evidentiary hearing – Seventh Amendment

Clark v. Hanley

22-302

Judges Livingston, Chin, and Kahn

Background: The plaintiff is an incarcerated transgender woman who was serially sexually assaulted by the defendant, a corrections officer at the prison facility in which the plaintiff was housed. After seven years, the plaintiff commenced an action seeking equitable tolling due to the paralyzing effects of the abuse. The plaintiff appealed from the dismissal of the claim on the basis that the court embarked on an impermissible fact finding expedition at the pleading stage by eliciting the plaintiff’s testimony and making factual assertions in violation of her Seventh Amendment rights.

Ruling: The Second Circuit affirmed. The court held that proper procedures were employed by the district court to resolve the equitable tolling claim by assessing the plaintiff’s credibility. Further, no factual findings were made that infringed upon the Seventh Amendment as no factual findings related to anything but the equitable tolling issue.

Alexandra Bursak, of Orrick, Herrington & Sutcliffe, for the plaintiff-appellant; Stuart M. Katz, of Cohen and Wolf, and Zenobia G. Graham-Days, assistant attorney general, for the defendants-appellees.

Oral argument audio