Plaintiff, proceeding pro se,* sued the school district where he previously work as well as certain administrators and another former colleague [collectively Defendants] for alleged discrimination and retaliation on the basis of race, gender, age, and disability status under various federal statutes. A federal district court dismissed the Plaintiff's claims as barred by a general release in a settlement agreement and as time barred. Plaintiff filed a timely appeal with the U.S. Circuit Court of Appeals, Second Circuit.
Plaintiff, however, did not challenge these federal district court’s rulings in the brief he submitted to the Circuit Court. Rather, observed the Circuit Court, Plaintiff "focused solely on the merits of his underlying claims", alleged acts of unlawful discrimination and retaliation undertaken by the Defendants. In the words of the Circuit Court, Plaintiff "does not dispute that his claims were precluded and time barred".
The Circuit Court affirmed
the district court's ruling, explaining it liberally construes
pleadings and briefs submitted by pro se
litigants to raise the strongest arguments they suggest. However, said the court, pro se appellants must still comply with Federal Rule of Appellate
Procedure 28(a), which requires all appellants “to provide the court with a
clear statement of the issues on appeal” in their briefs.
Plaintiff had conceded the procedural issues that resulted in the dismissal of his complaints by the federal district court and he could not advance the merits of his "underlying claims" in the brief he submitted to the Circuit Court of Appeals.
* Pro se [Latin] meaning for or on one's own behalf.
Click HERE to access the decision of the Circuit Court of Appeal posted on the Internet.