
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                FOR THE FIRST CIRCUIT                                 ____________________          No. 96-1129                                   DONNA GUZIEJKA,                                Plaintiff - Appellant,                                          v.                                 LOUIS PANAS, ET AL.,                               Defendants - Appellees.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF MASSACHUSETTS                  [Hon. George A. O'Toole, Jr., U.S. District Judge]                                                ___________________                                 ____________________                                        Before                               Torruella, Chief Judge,                                          ___________                            Coffin, Senior Circuit Judge,                                    ____________________                             and Tauro,* District Judge.                                         ______________                                _____________________               Matthew J. Buckley for appellant.               __________________               John  J.  O'Brien,  Jr.,  with  whom  Kirby,  O'Brien &  von               _______________________               ______________________          Rosenvinge was on  brief for  appellee Louis Panas.   Michael  J.          ___________                                           ___________          Keefe,  with whom O'Malley and  Harvey was on  brief for appellee          _____             ____________________          Town of Dracut.  Thomas E. Sweeney, City Solicitor, for appellees                           _________________          John J. Sheehan and  the City of Lowell.   Regina M. Gilgun, with                                                     ________________          whom Douglas I. Louison and  Merrick & Louison were on  brief for               __________________      _________________          appellee  Susan Siopes.    Joseph L.  Bierwirth,  Jr., Thomas  M.                                     __________________________  __________          Elcock and Morrison, Mahoney & Miller were on brief for appellees          ______     __________________________          Raymond P.  McKeon, Armand  Caron,  and the  Town of  Chelmsford.          Joseph L. Tehan, Jr., with whom Kurt B. Fliegauf and Kopelman and          ____________________            ________________     ____________          Paige, P.C. were on brief for appellees Town of Groton and George          ___________                                        ____________________          *  Of the District of Massachusetts, sitting by designation.          (Jay) Rider.                                 ____________________                                   January 13, 1997                                 ____________________                                         -2-                    Per Curiam.   Appellant Donna Guziejka was  laid off by                    Per Curiam.                    __________          the Town of  Dracut Police Department, bypassed  several times by          other Massachusetts police departments,  then rehired by the Town          of  Dracut.     She  attempted  to   file  complaints  with   the          Massachusetts Commission  Against  Discrimination and  the  Equal          Employment Opportunity Commission, but  was told by both agencies          that the limitations period had expired.  Nearly two years later,          she  brought this  action against  defendants claiming  that they          discriminated  against her in violation  of 42 U.S.C.    1981, 42          U.S.C.    1983, 42 U.S.C.   2000e-2,  and Massachusetts statutory          and criminal law by failing to hire her as a police officer.  The          defendants  moved to dismiss the complaint for failure to state a          claim  upon  which relief  may be  granted.   The  district court          dismissed her federal and statutory claims and remanded the state          common  law claims  to the  Massachusetts Superior Court.   After          carefully reviewing  the briefs, the complaint,  and the district          court  order,  we  affirm   the  district  court's  dismissal  of                             ______          Guziejka's federal and  state statutory claims and  the remand of          her  state common  law claims for  substantially the  reasons set          forth  by the district court in its Memorandum of Decision, dated          December 8, 1995.                                         -3-
