Would the Statute of Limitations
keep running if person didn't amend his complaint, to reflect violations of the ADA, if the case with the complaint was tied up in the appellate
court? A municipality called the police on my friend because of his schizophrenia, withheld his wages and simultaneously took my friend's house for unpaid taxes and didn't tell the court of his disability. They then terminated his job in retaliation of his filing a complaint and finally wrote a threatening letter directly to him, bypassing his attorneys. My friend worked for the Town at the Recycling Center for 15 years or so. From 2004 through 2009, they did not pay him. He has schizophrenia and needed accommodations to file his time sheets. By 2009, they owed him 30,000. The Town, while simultaneously holding his wages, sought to foreclose on his house for non-payment of property taxes of 10,000. The town knew he had schizophrenia because he had a police incident in September 2005, where he went in to pay his taxes and yelled upstairs Help! because he was a wreck and needed assistance with some septic issue. By May of 2009, the Town was seeking to evict him because they won a judgment of foreclosure
. The judge did not think having schizophrenia or having his wages withheld was an offset or reason not to pay his taxes. Then, in June, 2009, the Town released the 30,000 they owed him. He hired an attorney who "bought another index number" and filed a complaint alleging the town purposely sought to take his property knowing he had schizophrenia, and failing to disclose this fact to the court. In September 2009, the same judge observed my friend on the witness stand, and awarded the house to him. He found him to be incompetent at the time of the foreclosure and appointed a guardian ad litem The Town appealed to the 2nd district Appeals Court in Brooklyn. Shortly, after maybe in December of 2009, the town "eliminated" his job at the recycling center. Basically, this termination was in retaliation for bringing the complaint because they hired someone 6 months later without offering the job to him. He didn't know what was going on as far as the Americans with Disabilities Act goes and could not get to the Complaint because it was on appeals. In November, 2011, the Appeals Court found that the Supreme Court should have vacated the Judgment of Foreclosure in the Foreclosure Action not in the big 25,000,000 Complaint. The attorneys representing him were also embroiled in sanctions the judge had imposed on them for 45,000 and were appealing that. In November 2011, the sanctions were reduced to 7,500. This set of attorneys lost interest in the case and passed it on to legal aid attorneys. The legal aid attorney did not file an appearance in the Foreclosure case and though he talked about trying to file a motion to renew, based on trying to follow the instructions of the appellate court, the legal aid bosses would not allow him to. The Set of Attorneys that filed the big complaint, left their appearances in the Foreclosure case. Now, in May of 2012, the opposing attorney in the foreclosure case sent a letter addressed to my friend, bypassing the attorneys of record, knowing that he had a disability and was judged incompetent by the judge. This not only is a violation of the professional rules of conduct, 4(a)and (b), but it was really really bad for my friend. On May 15, 2012, he went to the legal aid attorney and could not contain himself at the office. I won't get into the details unless you want me to. The letter has sabotaged his mental health and made him ineffective with communicating with counsel.