Respondent filed suit in Federal District Court on April 21,
1981, under 42 U.S.C. § 1983, alleging that petitioner School
District, in August, 1979, May, 1980, and December, 1980, had
discriminated against her on the basis of sex in failing to promote
her to an administrative position. The court dismissed the 1983
claim because it was not brought within the 6-month limitations
period under the Pennsylvania statute applicable to actions against
a government official for acts done in the execution of his office.
The Court of Appeals reversed, holding that the 6-year "residuary"
provision of the Pennsylvania limitations scheme was
applicable.
Held: The Court of Appeals' judgment is vacated, and
the case is remanded for further consideration in the light of the
decision in
Wilson v. Garcia, ante p.
471 U. S. 261,
that all § 1983 claims should be characterized for statute of
limitations purposes as actions to recover damages for injuries to
the person.
699 F.2d 137, vacated and remanded.
PER CURIAM.
On April 21, 1981, respondent commenced this action alleging, in
part, that the petitioner School District discriminated
Page 471 U. S. 289
against her on the basis of sex in failing to promote her to an
administrative position. She sought equitable and compensatory
relief under 42 U.S.C. § 1983 for the alleged acts of
discrimination which occurred in August, 1979, May, 1980, and
September, 1980.
The District Court dismissed the § 1983 claim because it
was not brought within the 6-month limitations period which applies
to
"[a]n action against any officer of any government unit for
anything done in the execution of his office, except an action
subject to another limitation specified in this subchapter."
42 Pa.Cons.Stat. § 5522(b)(1) (1982). The Court of Appeals
reversed, holding that the "application of the six-month
limitations period would be inconsistent with the policies and
legislative history underlying § 1983," and that "the six-year
residuary provision of the limitations scheme should govern this
dispute." 699 F.2d 137, 139 (CA3 1983). We granted certiorari, 468
U.S. 1204 (1984), and heard argument.
The judgment of the Court of Appeals is now vacated, and the
case is remanded for further consideration in light of our decision
in
Wilson v. Garcia, ante p.
471 U. S. 261, in
which we have held that all § 1983 claims should be
characterized for statute of limitations purposes as actions to
recover damages for injuries to the person.
It is so ordered.
JUSTICE POWELL took no part in the consideration or decision of
this case.
