Legal Question in Discrimination Law in Massachusetts

Section 1983 complaint

I am interested in filing a Section 1983 claim (among other things) against my former employer. This violation occurred when I was employed by my in Boston, Massachusetts and severely discriminated against to the point where I was rendered disabled and had to leave the region. I now reside in Florida where I have been receiving treatment and recuperating. I am now interested in filing suit against my former employer for the harrassing and hostile work environment and repeated and continuous deprivation of rights, discrimination, and retaliation. However, I was recently told by one attorney that I have to return to the state of Massachusetts to file my complaint. He told me that he would not be able to file the complaint in Florida because I would not have a right to bring the claim under this jurisdiction. Is this true do I have to go back to Massachusetts to file the 1983, section 504, Privacy Act, Whistleblower, and Federal Tort Claims Act against my former employer?

What if I'm unable to travel back to the state where the incident occurred?

What are the time limitations?

Is there anything that would toll the statue of limitation from running?


Asked on 6/28/99, 9:24 am

1 Answer from Attorneys
Stuart Williams

Re: Section 1983 complaint

You don't have to come up here to file, necessarily.

You would have to file here unless the company is

headquartered down there or something. You do not

have to come here to file. I or another lawyer

can file for you in the appropriate court. One

can mail in a suit to be filed but the papers need

to be in good order for the clerk. You would need

to hire a constable for service of process (the summons

and complaint) who is in the right county for serving

the company, all administrative details a lawyer can

handle for you.

You will eventually be deposed, which would USUALLY mean

a trip up here unless you have REALLY strong reasons, in the

eyes of a judge, not to. You would certainly want to be

here in the event of a trial, and if you could make that trip,

you could probably make it up for a deposition, ... right?

Let me know if I can be of help to you.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Newton, MA

02459-2509

[email protected]

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Answered on 7/08/99, 2:22 pm


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