legal case analysis
Page 1238
165 F.3d 1238 (9th Cir. 1999)
99 Cal. Daily Op. Serv. 474,
1999 Daily Journal D.A.R. 2630,
99 Daily Journal D.A.R. 553
Cynthia STOLL, Plaintiff-Appellant,
v.
Marvin RUNYON, Defendant-Appellee.
No. 97-17398.
United States Court of Appeals, Ninth Circuit
January 15, 1999
Argued and Submitted Dec. 9, 1998.
As Amended March 22, 1999.
Page 1239
Elaine W. Wallace, Oakland, California, for the
plaintiff-appellant.
Scott H. Park and Joseph E. Maloney, Assistant
United States Attorneys, Sacramento, California, for
defendant-appellee Marvin Runyon, Postmaster General.
Appeal from the United States District Court for the
Eastern District of California Lawrence K. Karlton,
District Judge, Presiding. D.C. No. CV-97-00680-LKK.
Before: JEROME FARRIS, STEPHEN
REINHARDT, and MICHAEL DALY HAWKINS,
Circuit Judges.
REINHARDT, Circuit Judge:
Cynthia Stoll, a single mother of three boys, went to
work at the Sacramento Post Office in March, 1984, as a
letter-sorting machine operator. She remained in that
position for six years, until June 22, 1990, when she
literally fled the workplace to escape the extreme sexual
harassment she was experiencing. Following her
departure, Stoll filed a complaint with the EEOC
requesting back and front pay as well as attorneys' fees.
An extensive hearing before an EEOC administrative law
judge ("ALJ") was completed in 1994. The gruesome
facts of this case, as found by the ALJ and admitted by
the Post Office, are briefly summarized below.
The ALJ found that Stoll "was subjected to
persistent and pervasive hostile environment sexual
harassment from a blur of men." Numerous male
coworkers and supervisors asked Stoll to perform oral sex
on them, commented on her body, shot rubber bands at
her backside, asked her to wear lacy black underwear for
them, bumped and rubbed up against her from behind,
pressed their erect penises into her back while she was
sorting mail and unable to get away, followed her into the
women's bathroom, asked her to go on vacations, "stalked
her throughout the postal facility," and fondled her body.
The ALJ found that much of the sexual harassment
was perpetrated by supervisors. Moreover, Stoll's
immediate supervisor, Victor Almendarez "fostered much
of the sexual harassment," because he "unreasonably
intimidated" Stoll, who was described by witnesses as
fairly shy. The ALJ noted the testimony of several
witnesses that Almendarez seemed to take sadistic
pleasure in screaming at and otherwise tormenting Stoll
because she was quiet and pretty, "to the extent that she
was afraid of him and could not approach him about the
sexual harassment she experienced." For example, on two
occasions, Almendarez refused Stoll's request to leave her
workstation to go to the ladies' room because she was
menstruating heavily. Instead, he forced her to remain at
her letter-sorting console and bleed all over herself. She
then had to go to the nurse's office covered in menstrual
blood. The ALJ found Almendarez's "unsympathetic
attitude toward her female health needs" particularly
revolting and abusive.
Another supervisor, John Garrard, intervened on
Stoll's behalf with Almendarez and did other unsolicited
"favors" for Stoll and then demanded sexual services
from her as a quid pro quo. Garrard often approached
Stoll in the workplace and asked her if she "wanted
something to suck on." He also frequently told her that he
wanted to "fuck" her and asked her if she "fucked as good
as she looked." When Stoll declined Garrard's advances,
he raped her repeatedly. Although Stoll was too
frightened and ashamed to report the first rape to the
police, she did report the subsequent assaults, and
Garrard was eventually ordered to stay away from her.
Garrard, predictably, claimed that Stoll was his
"girlfriend." The ALJ found this
Page 1240
assertion ludicrous, and concluded that "there was
absolutely no evidence presented to indicate that the
complainant and Garrard were romantically involved at
any time during complainant's employment." Witnesses
and coworkers testified that Garrard was "obsessed with
Stoll" but that she did not like him, did everything
possible to avoid him, refused to socialize with him, and
was visibly afraid of him. The ALJ found that all of the
advances and assaults visited upon Stoll were totally
unsolicited and that she repeatedly and consistently made
it clear that she had no interest in any of her attackers. He
further found that Stoll was "by far the most compelling
of any witness that has ever appeared before me."
The working conditions not just for Stoll but for all
women at the Sacramento Post Office during that time
period were characterized by the ALJ as "a glaring
situation no one should have to endure." The terms and
conditions of Stoll's employment were obviously
negatively affected by the abusive atmosphere in which
she was forced to work, an environment the ALJ
concluded "was so intolerable that [Stoll] was forced to
sever her employment relationship with the agency in
June, 1990, and that she may never be able to work again,
as a result thereof."
The ALJ further found that Stoll, understandably,
suffered severe psychological damage as a result of her
experiences. Stoll's psychiatrist, Dr. Weber, testified that
she might never recover from the abuse and might never
work again. A clinical psychologist confirmed Dr.
Weber's view. The ALJ found that Stoll was "obviously
scarred for life" by her work at the Post Office, that her
experience had "a profound detrimental effect on her
health and well being" and that she might never be able to
return to work.
Stoll suffers from severe major depression and
severe generalized anxiety disorder, as well as somatic
form pain disorder. She is unable to attend to paperwork
concerning the case due to her anxiety disorder, and
cannot open her mail without experiencing a panic attack.
She cannot concentrate well enough to read. She is
currently considered totally psychiatrically disabled and
receives federal occupational benefits. By the time of the
administrative hearing in April, 1994, Stoll had attempted
suicide four times, most recently just days before the
hearing was set to begin, by taking 70 Valiums, Tylenol,
and other anti-depressants. Stoll's anxiety, according to
Dr. Weber, is particularly acute when an issue arises
involving her experience at the Post Office and the
subsequent proceedings, and when she is required to have
any form of contact, even non-physical, with males,
including, tragically, her own sons. Dr. Weber testified
that Stoll is so anxious around men that she refused to sit
in his office during psychiatric treatment, and instead
stood in the corner as far from him as possible.
At a deposition taken in the instant lawsuit, Dr.
Weber stated that because of her anxiety and fear of
anything to do with the Post Office, Stoll was unable to
communicate directly with the lawyer who represented
her in the EEOC proceeding. Instead, her attorney sent all
correspondence concerning the case to Dr. Weber's
office, where his receptionist would open it and explain it
to Stoll. Stoll's attorney would also call the receptionist
on the phone in order to communicate about the case.
According to Dr. Weber, this arrangement was
established because Stoll was so anxious and depressed
that she could not open her mail. Stoll would instead
bring large stacks of unopened correspondence regarding
the Post Office litigation to Dr. Weber because she was
too traumatized to open it alone. Dr. Weber testified that
a further problem in Stoll's relationship with her attorneys
was that they were men, and she feared dealing with them
directly.
According to Dr. Weber, Stoll has been unable to
understand her legal rights and act on them from the time
he began treating her in December, 1990. She is heavily
medicated on Valium and Vicodan. Valium is a
barbiturate, and Vicodan is a narcotic. She takes "a large
amount" daily and "if she didn't have the Valium, she'd
might well kill herself." Dr. Weber also testified that Stoll
would probably continue to try to commit suicide and
that he was trying to keep her alive.
The ALJ issued his recommended decision on April
28, 1994. As described above, he
Page 1241
found that Stoll was the victim of both quid pro quo and
hostile environment sexual harassment. He also found
that Stoll suffered extreme psychological trauma as a
result of the abuse. As remedies, he recommended that
Stoll receive both back pay with interest and front pay
until her normal retirement age, as well as the payment of
her attorney's fees, and furthermore expressed profound
regret that he was unable to assess damages against the
Post Office under Title VII as it existed at the time the
incidents occurred. In June, 1994, the Post Office issued a
final agency decision adopting all of the ALJ's factual
findings and recommendations except for the award of
front pay. Stoll appealed the denial of front pay to the
Office of Federal Operations (OFO).
On March 18, 1996, the OFO affirmed the Post
Office's decision not to award front pay, on the ground
that the evidence showed that Stoll might never work
again. According to the OFO, awarding front pay under
such circumstances would amount to awarding
compensatory damages, which were not then allowed
under Title VII. This decision was mailed to Stoll's
then-attorney, who received it on March 25, 1996. As
noted above, Dr. Weber testified that Stoll's counsel did
not communicate directly with her, but sent her papers to
Weber's office where his receptionist would open them,
read them, and explain them to Stoll. Stoll alleges that
she never received a copy of this letter. Dr. Weber
testified that he did not know whether she received it or
not but that neither Stoll nor his receptionist ever told him
that Stoll lost her appeal and he felt certain that if Stoll
knew about it she would have told him in therapy, as
Stoll's experiences at the Post Office and her subsequent
legal battle for redress were the subject of their work
together.
The OFO decision directed the Post Office to
calculate Stoll's backpay within 60 days of its March 18
letter, and to pay her in full within 60 days of the
calculation. The OFO letter further, without any evident
trace of irony, directed the Post Office to "afford EEO
sensitivity training" to supervisor John Garrard,
ostensibly because he had raped a Post Office employee.
The Post Office complied with none of these remedial
actions. Instead, it did nothing for more than a year.
Stoll then filed a handwritten pro se complaint
against the Post Office for sexual harassment in violation
of Title VII on April 21, 1997. She attached to her
complaint, and incorporated by reference, a copy of the
ALJ's decision, as well as a copy of an evaluation by the
federal occupational psychiatrist who found that she was
eligible for disability benefits due to work-related injuries
inflicted by the sexual harassment, and a letter from Dr.
Weber stating that she was too psychiatrically disabled to
comply with relevant time periods and deadlines. The
district court found that Stoll was eligible, under the
criteria set forth in Bradshaw v. Zoological Soc'y of San
Diego, 662 F.2d 1301, 1318 (9th Cir.1981), to have
counsel appointed to represent her. Stoll's current lawyer,
Elaine Wallace, was subsequently appointed by the
district court's Bradshaw panel. It is worth noting that it
was not until three months after she brought this lawsuit
that Stoll received any part of the backpay award or
attorneys' fees due her under the OFO decision.
The Post Office filed a motion to dismiss or in the
alternative for summary judgment on August 28, 1997,
on the ground that Stoll's claims for front pay were
time-barred by the applicable statute of limitations. It
asserted that Stoll's Title VII claim should be dismissed
because Stoll did not file her pro se complaint until more
than a year after the OFO decision letter was received by
her counsel, which was well past the 90-day limitation
period. Stoll responded that the statute had been equitably
tolled. The Post Office disagreed, contending that she
was not entitled to equitable tolling because she was
represented by counsel at the time the OFO decision was
issued. The district court accepted the Post Office's
argument, and on November 10, 1997, entered an order
dismissing all of Stoll's claims. This appeal timely
followed.
Page 1242
Stoll is entitled to equitable tolling of the statute of
limitations. Equitable tolling applies when the plaintiff is
prevented from asserting a claim by wrongful conduct on
the part of the defendant, or when extraordinary
circumstances beyond the plaintiff's control made it
impossible to file a claim on time. Alvarez-Machain v.
United States, 107 F.3d 696, 700 (9th Cir.1996). Stoll has
produced more than sufficient evidence to establish
equitable tolling on both grounds as a matter of law.
Indeed, the evidence is overwhelming. To state the matter
bluntly, if ever equity demanded tolling a statute of
limitations, it does so here.
First, the Post Office is not entitled to benefit from
the fact that its own admittedly outrageous acts left Stoll
so broken and damaged that she cannot protect her own
rights. The effects of the repeated sexual abuse, rape, and
assault she experienced left her severely impaired and
unable to function in many respects. She has attempted
suicide numerous times-and may do so again. She is
unable to read, open mail, or function in society. Thus,
her failure to assert her claim within the statutory period
was a direct consequence of the Post Office's wrongful
conduct.
Second, Stoll's mental incapacity-and the effect it
had upon her relationship with her lawyer-is an
"extraordinary circumstance" beyond her control.
Brockamp v. United States, 67 F.3d 260 (9th Cir.1995)
("Principles of equity mandate that when mental
incompetence precludes a person from asserting his rights
during the proper time period, he should not be precluded
from later seeking redress for his injuries."), rev'd on
other grounds, 519 U.S. 347, 117 S.Ct. 849, 136 L.Ed.2d
818 (1997). Stoll presented overwhelming evidence that
she was completely psychiatrically disabled during the
relevant limitation period.
Finally, Stoll presented compelling evidence that her
mental illness, caused by the Post Office's wrongful
conduct, precluded her from exercising an agency
relationship with the attorney who handled her EEOC
case. The district judge erred when he failed to consider
this evidence. Instead, he based his refusal to toll the
statute on his erroneous belief that Stoll had not "offered
any explanations" for the lapse, and incorrectly presumed
knowledge on her part of notice given to her attorney.
See Irwin v. Dept. of Veterans Affairs, 498 U.S. 89, 111
S.Ct. 453, 112 L.Ed.2d 435 (1990) (holding that a client
is generally charged with notice given to his attorney). To
the contrary, she offered a compelling explanation--one
that is more than sufficient to toll the statute of
limitations as a matter of law.
Equitable tolling is permitted even when a plaintiff
has a lawyer if the interests of justice so require and there
is no prejudice to the defendant. Pioneer Investment
Servs. Co. v. Brunswick Assoc. Ltd. Partnership, 507
U.S. 380, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993). Both
standards are clearly met here. First, Stoll acted in good
faith and the interests of justice require that she not be
barred from pursuing her claim. Stoll did not file on time
because her attorney-client relationship, like the rest of
her relationships with men, was seriously damaged by the
egregious conduct that she seeks to redress in her lawsuit.
Second, the Post Office's claim that it was
prejudiced by the delay is meritless. The only claimed
prejudice that the Post Office alleges is that it would not
have paid Stoll's attorney's fees had it known that she
intended to pursue her front pay claim. However, the Post
Office had already accepted the ALJ's recommendation
that it pay Stoll's legal fees. The Post Office offers no
explanation, nor can we see any, of the supposed
prejudice inuring from satisfying a claim it was legally
obligated to pay. Furthermore, the Post Office's claim that
it would not have paid the fees had it known that Stoll
was going to file a lawsuit in federal court is
disingenuous, given that the fees (and other amounts
undisputedly due Stoll) were not paid until July, 1997,
several months after Stoll filed her pro se complaint.
Cynthia Stoll was sexually harassed, raped, and
abused by supervisors and
Page 1243
coworkers at the Sacramento Post Office. As a result of
the defendant's plainly wrongful conduct, Stoll was
severely psychiatrically impaired. She presented
compelling direct evidence, which the district court failed
to consider, that this impairment interfered with her
relationship with her lawyer and rendered her unable to
communicate with him or to protect her legal rights. The
uncontested findings of the ALJ alone, however, are
sufficient to require a judgment in her favor on this point
as a matter of law. In short, the undisputed evidence in
the record requires the application of the doctrine of
equitable tolling in Stoll's case, notwithstanding that she
had counsel in the administrative proceeding. [1] Stoll is
entitled to have her front pay claim considered on the
merits.
The judgment of the district court is REVERSED
and the case is REMANDED for further proceedings
consistent with this opinion.
-------------------
Notes:
[1]Although Stoll did not make a cross-motion for
summary judgment on the question of equitable tolling,
such a motion is unnecessary because the Post Office
moved for summary judgment and none of the facts upon
which our decision rests are disputed. Summary judgment
for the non-moving party is appropriate if it is apparent
from the record and at the hearing that there is no genuine
issue of material fact, that the moving party has had a full
opportunity to ventilate the issue, and the non-movant is
entitled to judgment as a matter of law. Superior
Engineering and Electronics Co., Inc. v. Sanders , 833
F.2d 823, 825 (9th Cir.1987); Cool Fuel, Inc. v. Connett,
685 F.2d 309 (9th Cir.1982).
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