Friday, January 7, 2011

Herrera v. Toth, Case No. 08-4167, Third Circuit:
Opinion filed: January 6, 2011

"Jesus Alberto Mejia Herrera appeals from an order of the District Court of the Virgin Islands, which dismissed his complaint.  We will affirm, albeit on a different basis."
"Herrera . . . sought to raise claims pursuant to the Alien Tort Statute. We noted in McPherson that a ten-year limitations period extends to such claims.  Herrera's complaint, filed in 2008, was several years too late [claims arose in 1993].  We further agree with the Government that even if equitable tolling could be applied, it is highly unlikely that Herrera could "show that he has exercised reasonable diligence in pursuing or investigating his claim" in order to warrant equitable tolling of the limitation periods. Government Response at 4; see McAleese v. Brennan, 483 F.3d 206, 219 (3d Cir. 2007) (person seeking equitable tolling must show he diligently pursued rights and extraordinary circumstances stood in his way)."