Miller v. New Hampshire Dep't of Corr., 296 F.3d 18 (1st Cir. 2002). · Go Syfert
Miller v. New Hampshire Dep't of Corr., 296 F.3d 18 (1st Cir. 2002). Cases Citing This Book View Copy Cite
35 citation events (35 in the last 25 years) across 8 distinct courts.
Strongest positive: Davydov v. U.S. Department of Homeland Security (casd, 2025-08-15)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Cited as authority (rule) Davydov v. U.S. Department of Homeland Security
S.D. Cal. · 2025 · confidence medium
Agyeman v. Immigration & Naturalization Servs., 296 F.3d 18 871, 886 (9th Cir. 2002) ) (“[W]e hold that an alien detained by the INS pending 19 deportation is not a ‘prisoner’ within the meaning of the PLRA.”); Andrews v. King, 398 20 F.3d 1113 , 1122 (9th Cir 2005) (“[A] civil detainee is not a ‘prisoner’ within the meaning 21 of the PLRA.”).
cited Cited as authority (rule) Gonzalez-Ortiz v. Puerto Rico Aqueduct and Sewer Authority
D.P.R. · 2024 · confidence medium
Dep’t of Corr., 296 F.3d 18, 21-22 (1st Cir. 2002); see also Malone, 610 F.3d at 20-22 .
discussed Cited as authority (rule) Rae v. Woburn Public Schools (2×) also: Cited "see"
1st Cir. · 2024 · confidence medium
Dep't of Corr., 296 F.3d 18, 22 (1st Cir. 2002).
discussed Cited as authority (rule) Doe v. The University of Texas M.D. Anderson Cancer Center
S.D. Tex. · 2023 · confidence medium
App’x 322, 326 (5th Cir. 2008) (holding that a transfer to a different shift was a discrete act under Morgan); Miller v. New Hampshire Department of Corrections, 296 F.3d 18, 22 (1st Cir. 2002) (holding that a transfer to a different unit was a discrete act under Morgan).
discussed Cited as authority (rule) Erazo-Vazquez v. State Industrial Products Corporation
D.P.R. · 2021 · confidence medium
And “mere series of discriminatory acts motivated by a discriminatory animus” such as plaintiff has alleged does not rise to the level of a 21 See also, Ayala, 780 F.3d at 55, 57 (transferring plaintiff and placing her under the supervision of someone who did not assign her any work considered discrete act); Miller v. New Hampshire Dept. of Corrections, 296 F.3d 18, 21-22 (1st Cir. 2002)(negative performance evaluation, transfer to another area, and letter of warning are discrete acts); Johnson v. McGraw-Hill Companies, 451 F.Supp.2d 681, 692 (W.D.
examined Cited as authority (rule) Shervin v. Partners Healthcare System, Inc. (3×) also: Cited "see"
1st Cir. · 2015 · confidence medium
Dep’t of Corr., 296 F.3d 18, 22 (1st Cir.2002).
discussed Cited as authority (rule) Ayala v. Shinseki
1st Cir. · 2015 · confidence medium
Dep’t of Corr., 296 F.3d 18, 21-22 (1st Cir.2002); see also Malone v. Lockheed Martin Corp., 610 F.3d 16, 20-22 (1st Cir. 2010) (refusing to find a hostile work environment and, subsequently, to apply the continuing violation doctrine to the plaintiffs claims that he “received a series of escalating reprimands, deteriorating performance reviews, and eventually a demotion” on account of his race, because those reprimands, reviews, and demotion were discrete acts).
cited Cited as authority (rule) Shervin v. Partners Healthcare System, Inc.
D. Mass. · 2014 · confidence medium
Here, the Court finds instructive the First Circuit’s analysis in Miller v. New Hampshire Dep’t of Corr., 296 F.3d 18, 22 (1st Cir.2002), a case decided after Morgan .
discussed Cited as authority (rule) Levine-Diaz v. Humana Health Care
D.P.R. · 2014 · confidence medium
Examples of discrete acts of discrimination include termination, failure to promote, denial of transfer, refusal to hire, see id. at 114 , 122 S.Ct. 2061 , as well as, a job transfer, a letter of warning, and an adverse performance evaluation, see Miller v. New Hampshire Dept. of Corrections, 296 F.3d 18, 22 (1st Cir.2002).
discussed Cited as authority (rule) Sauceda v. University of Texas
S.D. Tex. · 2013 · confidence medium
Dep’t of Corr., 296 F.3d 18, 21-22 (1st Cir.2002)) (holding exclusion of employee from across-the-board raise is discrete act under Title VII); Moini v. Univ. of Tex. at Austin, No. A-10-CA-180-SS, 2011 WL 90472 , at *10 (W.D.Tex.
discussed Cited as authority (rule) Katz v. McVeigh
D.N.H. · 2013 · confidence medium
Dep’t of Corrs., 296 F.3d 18, 22 (1st Cir. 2002) (discussing Nat’l R.R.
cited Cited as authority (rule) Albizu-Rodriguez v. Carlos Albizu University
D.P.R. · 2010 · confidence medium
Dep’t of Corr., 296 F.3d 18, 22 (1st Cir.2002).
cited Cited as authority (rule) Tillman v. Southern Wood Preserving of Hattiesburg, Inc.
5th Cir. · 2010 · confidence medium
Dep’t of Corr., 296 F.3d 18, 21-22 (1st Cir.2002) (holding that a letter of warning and a performance evaluation were discrete acts).
discussed Cited as authority (rule) Velez v. MARRIOTT PR MANAGEMENT, INC.
D.P.R. · 2008 · confidence medium
See also, Dressler v. Daniel, 315 F.3d 75 (1st Cir.2003) (two separate claims with individual limitations period accruing from the denial of prospective employment and termination from employment); Miller v. New Hampshire Dept. of Corrections, 296 F.3d 18, 22 (1st Cir.2002) (distinguishing “a discrete act of discrimination— as opposed to a pattern of harassing conduct that, taken as a whole, constitutes a hostile work environment [and falls within the continuing violations exception to the limitations period].”) Accord, Marrero v. Goya of Puerto Rico, Inc., 304 F.3d 7 (1st Cir.2002) find…
discussed Cited as authority (rule) Svensson v. Putnam Investments LLC
D. Mass. · 2008 · confidence medium
Dept. of Corr., 296 F.3d 18, 21-22 (1st Cir.2002) (concluding that plaintiffs claim of an unlawful transfer (as retaliation) was untimely because, under Morgan , “it is clear that the ... transfer is a discrete act and is time barred”).
discussed Cited as authority (rule) Arroyo-Audifred v. Verizon Wireless, Inc.
D.P.R. · 2006 · confidence medium
Passenger Corp., 536 U.S. at 114 , 122 S.Ct. 2061 , and the First Circuit has held that a letter of warning by an employer is another example of a discrete act under Morgan, Miller v. New Hampshire Dep’t of Corrections, 296 F.3d 18, 22 (1st Cir.2002).
discussed Cited as authority (rule) Rodriguez v. Potter
D.P.R. · 2006 · confidence medium
Dep’t of Corr., 296 F.3d 18, 22 (1st Cir.2002); Thomas v. Eastman Kodak Co., 183 F.3d 38, 55 (1st Cir.1999); (finding that negative evaluations are not ripe for adjudication as discriminatory absent any “crystallized implications or apparent tangible effects”) (citing Johnson v. Gen.
discussed Cited as authority (rule) Perez Sanchez v. Public Building Authority
D.P.R. · 2005 · confidence medium
Dep’t of Corr., 296 F.3d 18, 22 (1st Cir.2002)(finding a letter of warning and negative performance evaluation to be discrete discriminatory acts for the purposes of Morgan statute of limitations inquiry when the Title VII plaintiff perceived their negative effects at their issuance).
cited Cited as authority (rule) Fontanez Nunez v. Janssen Ortho, LLC
D.P.R. · 2005 · confidence medium
Dep’t of Corr., 296 F.3d 18, 22 (1st Cir.2002).
discussed Cited as authority (rule) Rojas v. Principi
D.P.R. · 2004 · confidence medium
See also, Dressler v. Daniel, 315 F.3d 75 (1st Cir.2003) (two separate claims with individual limitations period accruing from the denial of prospective employment and termination from employment); Miller v. New Hampshire Dept. of Corrections, 296 F.3d 18, 22 (1st Cir.2002) (distinguishing “a discrete act of discrimination' — -as opposed to a pattern of harassing conduct that, taken as a whole, constitutes a hostile work environment [and falls within the continuing violations exception to the limitations period].”) Accord, Marrero v. Goya of Puerto Rico, Inc., 304 F.3d 7 (1st Cir.2002) f…
cited Cited as authority (rule) Rivera v. Puerto Rico Aqueduct and Sewers Authority
1st Cir. · 2003 · confidence medium
Dep't of Corr., 296 F.3d 18, 22 (1st Cir.2002). 22 The March 1998 transfer is also a discrete act constituting "a separate and actionable unlawful employment practice." Morgan, 122 S.Ct. at 2073 .
cited Cited as authority (rule) Rivera v. Puerto Rico Aqueduct & Sewers Authority
1st Cir. · 2003 · confidence medium
Dep’t of Corr., 296 F.3d 18, 22 (1st Cir.2002).
cited Cited "see" Briggs v. New York State Department of Transportation
N.D.N.Y. · 2002 · signal: see · confidence high
See Miller v. New Hampshire Dep’t of Corrections, 296 F.3d 18, 22 (1st Cir.2002) (a letter of warning and performance evaluation is a discrete act).
discussed Cited "see, e.g." Felisa Rivero-Crespo v. Puerto Rico Department of Education, et al.
D.P.R. · 2026 · signal: see also · confidence medium
Each incident of discrimination and each retaliatory adverse employment decision constitutes a separate actionable ‘unlawful employment practice.’”); see also Miller v. New Hampshire Dept. of Corrections, 296 F.3d 18, 22 (1st Cir. 2002) (Other discrete acts include a letter of warning and a performance evaluation).
discussed Cited "see, e.g." Mendes v. WinnCompanies LLC
D. Mass. · 2023 · signal: see also · confidence medium
Ayala v. Shinseki, 780 F.3d 52 (1st Cir. 2015); see also Miller v. New Hampshire Dep't of Corr., 296 F.3d 18, 22 (1st Cir. 2002) (describing a “letter of warning and [negative] performance evaluation” as discrete acts).
Retrieving the full opinion text from the archive…
Robert MILLER, Plaintiff, Appellant,
v.
NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS, Defendant, Appellee
01-2658.
Court of Appeals for the First Circuit.
Jul 16, 2002.
296 F.3d 18
Michael J. Sheehan for appellant., Nancy J. Smith, Senior Assistant Attorney General, with whom Philip T. McLaughlin, Attorney General, was on brief, for appellee.
Boudin, Lynch, Lipez.
Cited by 30 opinions  |  Published
LIPEZ, Circuit Judge.

Robert Miller filed suit against the New Hampshire Department of Corrections (“DOC”), claiming that his superiors at the New Hampshire State Prison retaliated against him for engaging in protected conduct, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. Specifically, Miller maintained that he was disciplined, denied positions for which he was qualified, and constructively discharged after he supported one of his subordinates in her sexual harassment claim. The DOC moved for summary judgment on the grounds that many of the events Miller complained of fell outside Title VII’s 300-day statute of limitations; that the events within the limitations period were insufficient to support Miller’s claim of constructive discharge; and that Miller failed to show that the DOC was motivated by discriminatory animus when it refused to promote him or transfer him to a new position.

[*20] The district court granted the motion and entered judgment for the DOC. The court reasoned, first, that Miller could not recover for alleged retaliation that occurred outside the statute of limitations. It then concluded that the more recent events were either not discriminatory, or too trivial to amount to a constructive discharge. See Miller v. N.H. Dep’t of Corrections, Civ. No. 99-522-M, slip op. at 34-63 (D.N.H. Nov. 13, 2001) (unpublished).

We believe the district court analyzed the issues correctly. As we have explained elsewhere, “when a trial court accurately takes the measure of a case and articulates its rationale clearly and convincingly, an appellate court should refrain from writing at length to no other end than to hear its own words resonate.” Cruz-Ramos v. P.R. Sun Oil Co., 202 F.3d 381, 383 (1st Cir.2000) (internal quotation marks omitted). We apply that tenet here, and affirm largely on the basis of the district court’s thorough and well-reasoned opinion. In light of the recent decision of the Supreme Court in National Railroad Passenger Corp. v. Morgan, — U.S. —, 122 S.Ct. 2061, - L.Ed.2d - (2002), however, we add the following comments on the statute of limitations issue.

I.

The district court described the underlying facts in detail. See Miller, slip op. at 4-32. We offer an abbreviated account here. In 1995, Miller served as the unit manager of the Hancock Unit at the New Hampshire State Prison. Among his subordinates were Officers Sherri White and Tab Colby. In the fall of 1995, Miller heard from a third party that Colby had told other officers that White had engaged in oral sex with one of the inmates. Miller passed that information along to White, who (with Miller’s assistance) filed an internal complaint of sexual harassment on November 3,1995.

On November 15, 1995, the DOC’s Administrator of Security issued a report sharply criticizing Miller’s management of the Hancock Unit and urging that he be transferred elsewhere. A second report— which summarized the DOC investigation of White’s complaint — also faulted Miller for his “lack of leadership in directing his employees in maintaining professionalism in respecting then* fellow co-workers.” The latter report recommended that Miller be disciplined.

As a result of the two reports, Miller was transferred to the Reception and Diagnostic Unit in December of 1995. Moreover, Miller’s annual evaluation, issued in March of 1996, concluded that his performance the previous year had fallen “below expectations.” Shortly thereafter, Miller received an official letter of warning. The letter stated that “[y]our poor judgment in dealing with your subordinate staff impacted the effective operations of the [Hancock] Unit and created dissention [sic], shift bashing and jealousy amongst staff; resulting in sexual rumors,” and admonished Miller to take “immediate corrective action.”

Concerned by what he viewed as unfair criticism, Miller appealed the 1996 letter of warning. In a March, 1996, memorandum to the Commissioner of the DOC, Miller argued: “I am being used as a scapegoat and retaliated against because I reported [Colby’s] misconduct, mishandling of the investigation [into White’s charges] and continued pollution of the environment.” Miller reiterated that sentiment in a second memorandum, stating: “I feel abused and retaliated against.... I am again asking for a thorough investigation of the environment and retaliation.”

Unpersuaded, the commissioner denied the appeal in August of 1996. Some time[*21] later, Miller learned that White had lied to him about certain matters related to her complaint. Accordingly, he chose not to pursue the next step in the appeals process — taking the matter to the Personnel Appeals Board.

According to Miller’s deposition testimony, he “was treated very well” from August of 1996 until some time in late 1998. Miller claims that three things happened in 1998 and 1999 that triggered a new round of retaliation. First, he renewed his efforts to get the 1996 letter of warning-removed from his file. Second, he learned for the first time that Colby had lied during the DOC’s investigation into White’s harassment charges. Miller was furious that he had not been informed of Colby’s deceit, and made his views known to his superiors at the prison. Finally, Miller testified in White’s Title VII trial in January of 1999.

Miller points to several instances of alleged retaliation in 1998 and 1999. For our purposes, it is sufficient to focus on one. In early 1999, Miller applied for a probation and parole officer (“PPO”) position. Of the 13 candidates interviewed, Miller had the third-highest score on the oral interview and the highest overall score (the combination of the oral score and a “factor” score based on seniority and past performance). The position was offered to the applicant with the highest score on the interview, but the eleventh-highest overall score. Miller believes he was denied the job because of his protected conduct in disclosing the alleged sexual harassment of White.

II.

Miller filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) in March of 1999, claiming that he had been subjected to unlawful retaliation beginning in December of 1995. In due course, he filed suit in district court, again complaining of retaliation beginning with the 1995 transfer to the Reception and Diagnostic Unit. The DOC moved for summary judgment on the ground that, inter alia, Miller’s claims with respect to retaliation in 1995 and 1996 were time-barred.

Under Title VII, 42 U.S.C. § 2000e-5(e), Miller was obligated to file a charge with the EEOC within 300 days “after the alleged unlawful employment practice occurred.” [1] Miller filed his charge on March 22, 1999. Thus, he can recover for events occurring during the previous 300 days; that is, on or after May 22, 1998.

Miller argues, however, that the “continuing violation doctrine” allows him to reach back to events in 1995 and 1996 (the transfer to the Reception and Diagnostic Unit, the negative evaluation, and the letter of warning) because those events were related to the allegedly retaliatory acts that occurred within the limitations period. The district court rejected that claim on the ground that Miller believed he was being discriminated against at the time that the early (now time barred) events occurred. Thus, applying our pre Morgan precedents, the court concluded that Miller was not entitled to the benefits of the continuing violation doctrine.

[*22] The Supreme Court’s recent decision in Morgan clarified when a Title VII plaintiff may present claims based on actions that occurred outside the 300-day limitations period. Morgan held that a plaintiff seeking to recover for a discrete act of discrimination — as opposed to a pattern of harassing conduct that, taken as a whole, constitutes a hostile work environment— must file a charge with the EEOC within 300 days “of the date of the act or lose the ability to recover for it.” — U.S. at —-—, 122 S.Ct. at 2071-72. The Court stated explicitly that “discrete discriminatory acts are not actionable if time barred, even when they are related to acts alleged in timely filed charges.” Id. at 2072. It cited acts such as termination, failure to promote, denial of transfer, or refusal to hire as examples of discrete acts that are easy to identify and thus should be acted on promptly. Id. at 2073. Under Morgan, it is clear that the 1995 transfer is a discrete act and is time barred.

The same is true for the 1996 letter of warning and performance evaluation. Relying on our decision in Thomas v. Eastman Kodak Co., 183 F.3d 38 (1st Cir.1999), Miller argues that the statute of limitations did not begin to run on those events until 1999, when he was denied the PPO position. It was only then, he insists, that the “tangible effects” of the earlier letter of warning and evaluation became apparent to him. Id. at 50.

Thomas was concerned with identifying the date on which a Title VII claim accrues' — an issue left open in Morgan , — U.S. at — n. 7, 122 S.Ct. at 2073 n. 7. However, focusing on the question of accrual does not help Miller here. As the district court pointed out, Miller himself described the 1996 letter of warning as “formal discipline” that represented a tangible injury. Consistent with that understanding, Miller promptly appealed the letter of warning through the DOC’s internal review procedures. In a memorandum to the commissioner of the DOC, he wrote, “I feel abused and retaliated against,” and demanded that the letter of warning be removed from his file and that a new evaluation be issued “that is consistent with my performance.” That recognition eliminates any argument that the warning and evaluation did not “have any crystallized implications or apparent tangible effects” at the time they were issued. Thomas, 183 F.3d at 55. We conclude that Miller’s claims regarding the letter of warning and performance evaluation accrued in 1996 and, as such, are now barred by the statute of limitations.

Affirmed.

1

. Section 2000e-5 sets out a general limitations period of 180 days. That period is extended to 300 days in deferral jurisdictions such as New Hampshire if the plaintiff " 'has initially instituted proceedings with [an authorized] State or local agency.' " Bonilla v. Muebles J.J. Alvarez, Inc., 194 F.3d 275, 278 (1st Cir.1999) (quoting 42 U.S.C. § 2000e-5(e)) (alteration in original). Miller filed a charge with the New Hampshire Human Rights Commission on March 19, 1999. The charge was received by the EEOC for federal filing purposes on March 22, 1999.