Whether the Supreme Court's holding in Delaware State College v. Ricks applies to grievance procedures that constitute 'direct review' and impact the finality of an employment action

1. Whether the Supreme Court’s pronouncement in Delaware State College v. Ricks, 449 U.S. 250, 101 S. Ct. 498, 66 L. Ed. 2d 431 (1980) — i.e., that “the pendency of a grievance, or some other method of collateral review of an employment decision, does not toll the running of the limitations period” —applies in cases where the operative grievance, appellate, administrative, or other similar procedure constitutes a “direct review” of, or otherwise postpones the “finality” or “offici ality ” of, an employment action , as opposed to a “collateral review.” 2. Whether the Supreme Court’s holding in Delaware State College v. Ricks, 449 U.S. 250, 101 S. Ct. 498, 66 L. Ed. 2d 431 (1980) created a blanket rule to apply to all grievance procedures in all cases or, instead, was limited to the grievance procedure present in that case. 3. Whether the Supreme Court’s holding in Delaware State College v. Ricks, 449 U.S. 250, 101 S. Ct. 498, 66 L. Ed. 2d 431 requires courts to conduct a fact -intensive analysis of the grievance, appellate, administrative, or other similar procedure at issue to determine whether it operates to postpone the “finality” or “offici ality ” of an employment action before concluding whether the pendency of said procedure tolls the running of the limitations period. ii 4. Whether a civil service employee’s filing of a timely civil service appeal pursuant to La. R.S. § 33:2501 renders the appointing authority’s decision preliminary, and the civil service board’s decision “final,” for purposes of ascertaining the accrual date of a civil service employee’s federal causes of action. iii RELATED CASES Stanley v. Morgan, No. 24 -30119 , U.S. Fifth Circuit Court of Appeals, Judgment rendered October 28, 2024. Stanley v. Morgan, No. 6:22 -cv-1655, U.S. District Court for the Western District of Louisiana. Judgment entered February 1, 2024. Stanley v. Morgan, No. 6:22 -cv-1655, U.S. District Court for the Western District of Louisiana. Report and Recommendation entered January 19, 2023.