DENVER (LN) — The panel reversed and remanded Debra Ann Carr’s suit against Sherwin Williams Manufacturing, finding the lower court incorrectly rejected her equitable tolling arguments without examining whether hospitalization and homelessness warranted an extension of the 90-day deadline to sue.
Carr filed suit on March 5, 2025, well past the 90-day window from her August 23, 2024 EEOC right-to-sue letter. But the appellate court found she had no obligation to plead equitable tolling facts in her complaint, and that her objection to the magistrate judge’s recommendation adequately raised circumstances — hospitalization and homelessness — that warranted further inquiry.
The panel reversed and remanded, with Judge Nancy L. Moritz writing that the district court incorrectly concluded Carr’s objection “did not address the statute of limitations issue, nor proffer any equitable waiver or tolling arguments.”
The court acknowledged Carr’s objection “wasn’t entirely clear,” but said considered in context, “it is obvious that she attempted to explain the lateness of her filing — or in other words, she offered facts that potentially support equitable tolling.”
The ruling reinforces that § 1915 screening dismissals based on statute of limitations are appropriate only when the defense is obvious of the complaint and no further factual record is required.
The panel included Judges Matheson, Moritz, and Federico.