Dill v. Southcoast Visiting Nurse Association, Inc.

Summary

The United States District Court for the District of Massachusetts grants Southcoast Visiting Nurse Association, Inc.'s motion to dismiss Andrew Dill's complaint concerning an employer COVID-19 vaccination policy and denial of a religious exemption. The court dismisses Dill's 42 U.S.C. § 1983 claim because he did not plausibly allege state action. It also dismisses his Title VII claim as untimely and his Massachusetts General Laws chapter 151B claim as barred by the three-year statute of limitations.

Holdings

1. Dill failed to state a Section 1983 claim because the complaint alleged no facts plausibly showing that Southcoast's vaccination policy was fairly attributable to the State. His conclusory assertion that Southcoast acted under color of state law was insufficient.
2. Dill's Title VII claim was time-barred because he filed suit more than ninety days after receiving the EEOC right-to-sue notice.
3. Dill's chapter 151B claim was time-barred because he knew or should have known of the alleged harm by October 29, 2021, and did not file suit by October 29, 2024.

Questions Presented

1. Whether Dill plausibly alleged that Southcoast, a private healthcare entity, acted under color of state law for purposes of his First Amendment claim under 42 U.S.C. § 1983.
2. Whether Dill's Title VII claim was barred because he filed suit more than ninety days after receiving an EEOC right-to-sue notice.
3. Whether Dill's Mass. Gen. Laws chapter 151B claim was barred by the three-year statute of limitations because he knew or should have known of the alleged harm by October 29, 2021.

Disposition

dismissed