Miller Amf v. Runyon, 77 F.3d 189 (7th Cir. 1996). · Go Syfert
Miller Amf v. Runyon, 77 F.3d 189 (7th Cir. 1996). Cases Citing This Book View Copy Cite
213 citation events (172 in the last 25 years) across 49 distinct courts.
Strongest positive: Harmon v. ABC 2 News Station (wied, 2025-04-29) · Strongest negative: Smith-Haynie, J. C. v. Davis, Addison (cadc, 1998-09-22)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Smith-Haynie, J. C. v. Davis, Addison (2×) also: Cited as authority (rule)
D.C. Cir. · 1998 · signal: but see · quote attribution · 1 verbatim quote · confidence high
most mental illnesses today are treatable by drugs that restore the patient to at least a reasonable approximation of normal mentation and behavior.
discussed Cited as authority (verbatim quote) Harmon v. ABC 2 News Station
E.D. Wis. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
mental illness tolls a statute of limitations only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them.
discussed Cited as authority (verbatim quote) Presnal v. Dearborn National Life Insurance Company
N.D. Ind. · 2024 · quote attribution · 1 verbatim quote · confidence high
mental illness tolls a statute of limitations only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them
discussed Cited as authority (verbatim quote) Walker v. Wilkie
W.D.N.C. · 2020 · quote attribution · 1 verbatim quote · confidence high
mental illness tolls a statute of limitations only if the illness in fact prevents the sufferer from managing his affairs," but not where plaintiff "can work and attend to his affairs.
discussed Cited as authority (verbatim quote) Lewis, Edward v. Stamper, George (2×) also: Cited "see"
W.D. Wis. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
mental illness tolls a statute of limitations only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them.
discussed Cited as authority (verbatim quote) Teresa Di Joseph v. Standard Insurance Company
7th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
mental illness tolls a statute of limitations only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them
discussed Cited as authority (verbatim quote) Teresa Di Joseph v. Standard Insurance Company
7th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
mental illness tolls a statute of limitations only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them
discussed Cited as authority (verbatim quote) Teresa Di Joseph v. Standard Insurance Company
7th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
mental illness tolls a statute of limitations only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them
discussed Cited as authority (verbatim quote) Klancir v. BNSF Railway Company
Ill. App. Ct. · 2015 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a defendant who through misleading representations or otherwise prevents the plaintiff from suing in time will be estopped to plead the statute of limitations. this is equitable estoppel.
discussed Cited as authority (verbatim quote) Mihelic v. Will County, Ill. (2×) also: Cited as authority (rule)
N.D. Ill. · 2011 · signal: see also · quote attribution · 1 verbatim quote · confidence high
mental illness tolls a statute of limitations only if the illness in fact 1115 prevents the sufferer from managing her affairs and thus from understanding her legal rights and acting upon them.
discussed Cited as authority (rule) Banks-McClure v. University of Chicago Hospital
N.D. Ill. · 2025 · confidence medium
The letter further describes her symptoms as including depression, difficulty sleeping, lack of motivation, social isolation, trouble concentrating, self-blame, obsessive thoughts, unwanted memories, anxiety, panic, irritability, heightened alertness, and somatic symptoms. [Id. at 4.] Plaintiff argues that these symptoms “rendered [her] incapable of handling [her] affairs as it relates to the court system.” [Id. at 1.] Mental disability can justify tolling a statute of limitations, but only where a plaintiff shows that their medical condition “actually prevented [them] from satisfying th…
discussed Cited as authority (rule) Arrizon v. TransUnion, LLC
Ill. App. Ct. · 2025 · confidence medium
Compare Lombardo v. United States, 860 F.3d 547, 551 (7th Cir. 2017) (“The threshold necessary to trigger equitable tolling is very high, lest the exceptions swallow the rule.”) (Internal citations and quotations omitted.)); Williams, 241 Ill. 2d at 360-61 (“Generally, the doctrine of [federal] equitable tolling permits a court to excuse a plaintiff’s failure to comply with a statute of limitations where ‘because of disability, irremediable lack of information, or other circumstances beyond [the plaintiff’s] control,’ the plaintiff cannot reasonably be expected to file suit on ti…
discussed Cited as authority (rule) (HC) See v. Macomber
E.D. Cal. · 2025 · confidence medium
Although some courts have recognized 14 mental illness as a basis for equitable tolling of a federal statute of limitations, they have done so only 15 where the mental “illness in fact prevent[ed] the sufferer from managing his affairs and thus from 16 understanding his legal rights and acting upon them.” Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 17 1996); see also Nunnally v. MacCausland, 996 F.2d 1, 6 (1st Cir. 1993); United States v. Page, 1999 18 WL 1044829 , at *1-2 (N.D.
discussed Cited as authority (rule) (HC) Harris v. Campbell
E.D. Cal. · 2024 · confidence medium
Although some courts have recognized mental illness as a basis for equitable tolling of 3 a federal statute of limitations, they have done so only where the mental “illness in fact prevent[ed] the 4 sufferer from managing his affairs and thus from understanding his legal rights and acting upon them.” 5 Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996); see also Nunnally v. MacCausland, 996 F.2d 1 , 6 6 (1st Cir. 1993); United States v. Page, 1999 WL 1044829 , at *1-2 (N.D.Ill. 1999); Decrosta v. 7 Runyon, 1993 WL 117583 , at *2-3 (N.D.N.Y. 1993); Speiser v. United States Dept. of Health &…
cited Cited as authority (rule) Harris v. Renken
C.D. Ill. · 2023 · confidence medium
App. Ct. 4th Dist. 2006) (citing Miller v. Runyon, 77 F. 3d 189, 191 (7th Cir. 1996) (same)).
discussed Cited as authority (rule) Raper v. Hildreth
W.D. Ark. · 2023 · confidence medium
In Loftin, the Plaintiff advanced the description of equitable tolling used by the Seventh Circuit in Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996) which was: [E]ven when the defendant is faultless, if the plaintiff because of disability, irremediable lack of information, or other circumstances beyond his control just cannot reasonably be expected to sue in time, the statute of limitations will be tolled until he is able through the exercise of proper diligence to file his suit.
discussed Cited as authority (rule) Moore v. IDOC
S.D. Ill. · 2023 · confidence medium
The doctrine of equitable tolling permits a court to excuse a plaintiff’s failure to comply with the statute of limitations, when a plaintiff cannot reasonably be expected to sue in time “because of disability, irremediable lack of information, or other circumstances beyond his control.” Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996); see also Rosado v. Gonzalez, 832 F.3d 714, 717 (7th Cir. 2016) (“Equitable tolling, which is governed by Illinois law, may apply ‘if the defendant has actively misled the plaintiff, or if the plaintiff has been prevented from asserting his or her ri…
cited Cited as authority (rule) TAYLOR v. COMPUTER SCIENCES CORPORATION
D.N.J. · 2022 · confidence medium
Miller v. Runyon, 77 F.3d 189, 191 (7th Cir.), cert denied 117 S. Ct. 316 (1996).
discussed Cited as authority (rule) DeGrave, Cody v. State of WI D.O.C.
W.D. Wis. · 2021 · confidence medium
But “mental illness tolls a statute of limitations only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them.” Obriecht v. Foster, 727 F.3d 744, 750-51 (7th Cir. 2013) (quoting Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996)).
discussed Cited as authority (rule) Lewis v. Louisiana State University (2×)
M.D. La. · 2021 · confidence medium
Doc. 96 at p. 20. 118 Hood, 168 F.3d at 232–33 (quoting Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996)). 119 Id. 120 Hood, 168 F.3d at 232 .
discussed Cited as authority (rule) Smithers v. Warden
N.D. Ind. · 2021 · confidence medium
He also argues that his petition is timely under Section 2244(d)(1)(B) because the conditions of his confinement in segregation at the Johnson County Jail in 2001 and 2002 caused his mental condition and thus constitutes a State- created impediment that he was only recently able to overcome. “[A] petitioner is entitled to equitable tolling only if he shows (1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing.” Holland v. Fla., 560 U.S. 631 , 649 (2010). “[M]ental illness tolls a statute of limitatio…
discussed Cited as authority (rule) Ledwith, Maximillian v. United States
W.D. Wis. · 2020 · confidence medium
However, “mental illness tolls a statute of limitations only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them.” Miller v. Runyon, 77 F.3d 189, 191-92 (7th Cir. 1996) (citations omitted).
discussed Cited as authority (rule) Broner v. ABG Services, Inc.
Ill. App. Ct. · 2020 · confidence medium
Extraordinary barriers that may warrant tolling include “legal disability, an irredeemable lack of information, or situations where the plaintiff could not learn the identity of proper defendants through the exercise of due diligence.” Williams, 241 Ill. 2d 352 , 360–61 (2011) (citing Miller v. Runyon, 77 F. 3d 189, 191 (7th Cir.1996); Am.
cited Cited as authority (rule) Szplett v. Kenco Logistic Services, LLC
N.D. Ill. · 2020 · confidence medium
Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996).
discussed Cited as authority (rule) Joyner v. Nicklaus
N.D. Ill. · 2020 · confidence medium
Holland v. Florida, 560 U.S. 631 , 649 (2010); Mayberry v. Dittmann, 904 F.3d 525, 529-30 (7th Cir. 2018). “[M]ental illness may toll a statute of limitations[] ‘only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them.’” Mayberry, 904 F.3d at 530 (quoting Obriecht v. Foster, 727 F.3d 744 , 750–51 (7th Cir. 2013); Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996)).
discussed Cited as authority (rule) Tolbert v. Godinez
Ill. App. Ct. · 2020 · confidence medium
However, he contends this period should be “equitably tolled.” The doctrine of equitable tolling “permits a court to excuse a plaintiff’s failure to comply with a statute of limitations where ‘because of disability, irremediable lack of information, or other circumstances beyond his control,’ the plaintiff cannot reasonably be expected to file suit on time.” Williams v. Board of Review, 241 Ill. 2d 352, 360-61 , 948 N.E.2d 561, 567 (2011) (quoting Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996)).
cited Cited as authority (rule) Jerry Bruce Loftin v. First State Bank
Ark. Ct. App. · 2020 · confidence medium
This is equitable tolling.” Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996).
discussed Cited as authority (rule) Rogers v. Foster
E.D. Wis. · 2019 · confidence medium
Mental illness or disability may toll the statute of limitations “only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them.” Obreicht v. Foster, 727 F.3d 744 , 750–51 (7th Cir. 2013) (quoting Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996)) (emphasis in original).
discussed Cited as authority (rule) Bill Conroy v. Scott Thompson
7th Cir. · 2019 · confidence medium
Mental incompetency may constitute an extraordinary cir‐ cumstance that justifies equitable tolling, but “only if the ill‐ ness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them.” Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996).
discussed Cited as authority (rule) Charles J. Mayberry v. Michael A. Dittmann
7th Cir. · 2018 · confidence medium
Mayberry also included a Columbia Correctional Institution “inmate classification report” from 2014 with the following notation in the box labeled “Mental Health Class”: “MH-2a- Serious Mental Illness (Diagnostic).” Although it is unlikely that any of these circumstances in isolation would justify equitable tolling, Mayberry insists that taken together they rise to the necessary level of “extraordi- nary.” We have recognized that mental illness may toll a statute of limitations, but “only if the illness in fact prevents the sufferer from managing his affairs and thus from und…
discussed Cited as authority (rule) Maxberry v. United States
Fed. Cir. · 2018 · confidence medium
Maxberry appears to argue that the Servicemembers Civil Relief Act (“SCRA”) and the doctrine of equitable tolling justify his late filing, citing Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996) (arguing mental illness as a disability that tolls the statute of limitations).
discussed Cited as authority (rule) Carpenter v. Douma
7th Cir. · 2016 · confidence medium
We have also held that mental illness can toll a statute of limitations, but “only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them.” Obriecht, 727 F.3d at 750 -51 (quoting Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996)).
discussed Cited as authority (rule) Ransom v. United States
7th Cir. · 2016 · confidence medium
Finally, although Ransom does not dispute the district court’s rejection of her request for equitable tolling, we note that equitable tolling can apply to complaints filed under the FTCA, see United States v. Kwai Fun Wong, — U.S.-, 135 S.Ct. 1625 , 1638, 191 L.Ed.2d 533 (2015), and a mental impairment can warrant tolling a federal period of limitations, see Davis v. Humphreys, 747 F.3d 497, 499 (7th Cir. 2014); Miller v. Runyon, 77 F.3d 189, 191-92 (7th Cir. 1996).
discussed Cited as authority (rule) Gray v. Secretary of Health and Human Services
Fed. Cl. · 2016 · confidence medium
Corp., 60 F.3d 1177, 1180 (6th Cir. 1995) (holding that mental illness may justify equitable tolling); Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996) (finding that 29 U.S.C. § 791 may be tolled “if the plaintiff because of disability, irremediable lack of information, or other circumstances beyond his control just cannot reasonably be expected to sue in time”); Stoll v. Runyon, 165 F.3d 1238, 1242 (9th Cir. 1999) (holding that mental incapacity is an “extraordinary circumstance” that may warrant equitable tolling); Smith-Haynie v. Dist. of Columbia, 155 F.3d 575, 579 (D.C.
discussed Cited as authority (rule) In re Estate of Mondfrans
Ill. App. Ct. · 2014 · confidence medium
We disagree. ¶ 25 “Generally, the doctrine of equitable tolling permits a court to excuse a plaintiff’s failure to comply with a statute of limitations where ‘because of disability, irremediable lack of information, or other circumstances beyond his control,’ the plaintiff cannot reasonably be expected to file suit on time.” Williams v. Board of Review, 241 Ill. 2d 352, 360 (2011) (quoting Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996)).
discussed Cited as authority (rule) Bartlett v. Department of the Treasury (2×) also: Cited "see, e.g."
1st Cir. · 2014 · confidence medium
See, e.g., Wilkie v. Dep’t of Health & Human Servs., 638 F.3d 944, 950 (8th Cir.2011) (noting that "the standard for tolling due to mental illness is a high one” and reiterating that "a plaintiff seeking tolling on the ground of mental incapacity must come forward with evidence that a mental condition prevented him from understanding and managing his affairs generally and from complying with the deadline he seeks to toll" (internal quotation marks omitted)); Boos v. Runyon, 201 F.3d 178, 185 (2d Cir.2000) (holding that a plaintiff's "conclusory and vague claim, without a particularized des…
discussed Cited as authority (rule) Hart v. Le
Ill. App. Ct. · 2013 · confidence medium
“Generally, the doctrine of equitable tolling permits a court to excuse a plaintiff’s failure to comply with a statute of limitations where ‘because of disability, irremediable lack of information, or other circumstances beyond his control,’ the plaintiff cannot reasonably be expected to file suit on time.” Williams v. Board of Review, 241 Ill. 2d 352, 360 (2011) (quoting Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996)).
discussed Cited as authority (rule) Hill v. Wackenhut Services International
D.D.C. · 2013 · confidence medium
Arbitrators are bound by estoppel doctrines, see Aircraft Braking Systems Corp. v. Local 856, International Union, 97 F.3d 155 , 159 (6th Cir.1996) (collecting cases); Miller v. Runyon, 77 F.3d 189, 193-94 (7th Cir.1996) (same), and past arbitration awards can have preclu- *15 sive effect in later disputes.
discussed Cited as authority (rule) Andrew Obriecht v. Brian Foster
7th Cir. · 2013 · confidence medium
No. 08‐1641 11 “[M]ental illness tolls a statute of limitations only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them.” Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996); see also Bolarinwa v. Williams, 593 F.3d 226, 232 (2d Cir. 2010) (holding that petitioner seeking equitable tolling “must offer a particu‐ larized description of how her condition adversely affected her capacity to function … in relationship to the pursuit of her rights” (internal quotation marks omitted)).
discussed Cited as authority (rule) Obriecht v. Foster
7th Cir. · 2013 · confidence medium
Thus, Mr. Obriecht must demonstrate that during the more than two years between his AEDPA deadline and the time he filed his petition in state court, he was diligently pursuing his claims. “[M]ental illness tolls a statute of limitations only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his le gal rights and acting upon them.” Miller v. Runyon, 77 F.3d 189, 191 (7th Cir.1996); see also Bolarinwa v. Williams, 593 F.3d 226, 232 (2d Cir.2010) (holding that petitioner seeking equitable tolling “must offer a particularized description of h…
discussed Cited as authority (rule) Angiulo v. United States (2×)
N.D. Ill. · 2012 · confidence medium
Ester, 250 F.3d at 1071 (noting that a federal employee who files an untimely administrative complaint has failed to exhaust administrative remedies and is generally barred from bringing an action in federal court); Miller v. Runyon, 77 F.3d 189, 191 (7th Cir.1996) (noting that a suit under the Rehabilitation Act is time-barred if the complainant’s administrative complaint was untimely).
cited Cited as authority (rule) Hafer v. VANDERBILT MORTG. AND FINANCE, INC.
S.D. Tex. · 2011 · confidence medium
Co. v. Olick, 151 F.3d 132, 139 (3d Cir.1998); Miller v. Runyon, 77 F.3d 189, 193 (7th Cir.1996); In re Y & A Group Sec.
discussed Cited as authority (rule) Wilkie v. Department of Health and Human Services
8th Cir. · 2011 · confidence medium
Mental Condition But “[t]he same regulation that imposes the requirement of contacting an EEO counselor provides that the time limit shall *950 be extended when the complainant was prevented by circumstances beyond his or her control from contacting the counselor within the specified time.” Jessie v. Potter, 516 F.3d 709, 714 (8th Cir.2008) (citing 29 C.F.R. § 1614.105 (a)(2); Miller v. Runyon, 77 F.3d 189, 191 (7th Cir.1996)). “[MJental disability can be a ground for equitable tolling generally in federal law.” Id.
discussed Cited as authority (rule) Williams v. Board of Review (2×) also: Cited "see"
Ill. · 2011 · confidence medium
Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996).
discussed Cited as authority (rule) Williams v. Board of Review (2×) also: Cited "see"
Ill. · 2011 · confidence medium
Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996).
discussed Cited as authority (rule) DiPaulo v. Potter
M.D.N.C. · 2010 · confidence medium
A mental illness ordinarily prevents a limitations bar “only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them.” Miller v. Runyon, 77 F.3d 189, 191 (7th Cir.1996) (emphasis in original).
examined Cited as authority (rule) Yakima County v. Yakima County Law Enforcement Officers Guild (3×) also: Cited "see", Cited "see, e.g."
Wash. Ct. App. · 2010 · confidence medium
Co. v. Olick, 151 F.3d 132, 137-38 (3d Cir. 1998); Miller v. Runyon, 77 F.3d 189, 194 (7th Cir. 1996); In re Y&A Grp.
examined Cited as authority (rule) Yakima County v. LAW ENFORCEMENT OFFICERS (3×) also: Cited "see", Cited "see, e.g."
Wash. Ct. App. · 2010 · confidence medium
Co. v. Olick, 151 F.3d 132, 137-38 (3d Cir.1998); Miller v. Runyon, 77 F.3d 189, 194 (7th Cir.1996); In re Y & A Group Sec.
cited Cited as authority (rule) Kaufmann v. Jersey Community Hospital
Ill. App. Ct. · 2009 · confidence medium
App. 3d 405, 416 , 867 N.E.2d 1007, 1016 (2006), citing Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996).
discussed Cited as authority (rule) Kaufmann v. Jersey Community Hospital (2×)
Ill. App. Ct. · 2009 · confidence medium
App. 3d 405, 416 , 867 N.E.2d 1007, 1016 (2006), citing Miller v. Runyon, 77 F.3d 189, 191 (7th Cir. 1996).
Retrieving the full opinion text from the archive…
John T. Miller and Amf O'Hare Midway, Local 7011 (Local T), American Postal Workers Union
v.
Marvin Runyon, Postmaster General of the United States, and U.S. Postal Service
94-3059.
Court of Appeals for the Seventh Circuit.
Feb 26, 1996.
77 F.3d 189
Published

77 F.3d 189

151 L.R.R.M. (BNA) 2833, 64 USLW 2612,
5 A.D. Cases 415,
15 A.D.D. 330, 7 NDLR P 386

John T. MILLER and AMF O'Hare Midway, Local 7011 (Local T),
American Postal Workers Union, Plaintiffs-Appellants,
v.
Marvin RUNYON, Postmaster General of the United States, and
U.S. Postal Service, Defendants-Appellees.

No. 94-3059.

United States Court of Appeals,
Seventh Circuit.

Argued Jan. 17, 1996.
Decided Feb. 26, 1996.

Robert S. Bailey (argued), Michael F. Lefkow, Chicago, IL, for John T. Miller, AMF O'Hare Midway, Local 7011 (Local T), American Postal Workers Union.

Jonathan Haile, Tony J. Masciopinto (argued), Office of the United States Attorney, Civil Division, Chicago, IL, for Marvin T. Runyon, Jr., U.S. Postal Service.

Before POSNER, Chief Judge, and CUDAHY and FLAUM, Circuit Judges.

POSNER, Chief Judge.

[*~189]1

A former employee of the Postal Service, John Miller, claims that he was fired, in violation of the Rehabilitation Act, 29 U.S.C. § 791, because he is handicapped by a psychiatric disorder (he is a manic depressive); and also that an arbitrator improperly rejected a grievance that he had filed under the collective bargaining agreement between the Postal Service and the postal workers' union. The grievance was based on the same alleged misconduct by the Postal Service as the claim under the Rehabilitation Act, and the union was a coplaintiff with Miller in the challenge to the arbitration. The district judge dismissed that challenge on the defendant's motion for summary judgment. The claim of handicap discrimination went to trial, at the conclusion of which the judge found both that the claim was untimely and that it lacked merit, and so gave judgment for the defendant. There is a little more to the case, including a patently frivolous contention that the judge should have allowed Miller to amend the complaint to add a charge of retaliation, but nothing more that requires discussion.

2

On January 31, 1986, Miller, while at work in the Postal Service's facility at O'Hare Airport, had a manic fit. Exactly what occurred is unclear; he did not become violent or rip his clothes off but he had a wild, confused, and fearful look and was babbling incoherently. His father was summoned and took him home, and a couple of days later he was admitted to a hospital and diagnosed as manic depressive. He was placed on lithium carbonate, the standard treatment for manic depressives, and discharged from the hospital on February 12 after having been there for ten days. Two weeks later his psychiatrist wrote the Postal Service at O'Hare that Miller had been hospitalized between February 2 and 12, that he was now an outpatient of the hospital, and that he could return to work immediately. But he did not return to work. He stayed at home. According to testimony presented at trial by a different psychiatrist, Miller had entered a depressive stage of his illness and was in fact unable to work. In considerable tension with this testimony, Miller had on March 5 written the personnel office at the O'Hare postal facility requesting a transfer to another postal facility in Chicago, and the psychiatrist who was treating him had backed this up with her own letter in which she said, "I would strongly recommend, if possible, that [Miller] be assigned to another postal station. Presently John Miller is able to return to work." The Postal Service did not answer either letter, but instead on March 20 wrote Miller that he would be deemed absent without leave unless he submitted documentary evidence that he was incapacitated from working. He did not respond and on April 30 the Postal Service wrote to him terminating him, effective June 9, for abandonment of his position.

[*~190]3

In May, Miller wrote the Postal Service, as did his psychiatrist, asking for reconsideration of its decision. He said, "I will continue to serve the United [States] Postal Service well once I am released by my doctor to return to work." The psychiatrist said, "His illness during its acute phrase prevented him from completing his required forms. Presently he is able to work at his previous assignment, however it would be in his best interest if he would be transferred to a different facility." The Postal Service requested further documentation, and the psychiatrist wrote, "I had given him permission to work in March 1986, but at that time, the fact that he had to return to the work place where he was seen in acute psychosis had a severe detrimental effect causing a continued delay in his return to work. Because he felt hopeless and overwhelmed with his life situation, he was unable to communicate with the appropriate authorities." The Postal Service was not satisfied with this response, and Miller was formally terminated on June 16, 1986.

4

Miller had another manic episode early in 1987, but then his condition improved and in the fall of that year he enrolled as a full-time student at Chicago State University, where he remained through the spring semester of 1988. On December 23, 1988, Miller complained, for the first time, to an equal employment opportunity counselor of the Postal Service that he had been discriminated against. It was not until March 1, 1989, almost three years after he had been fired, that he filed a formal complaint of discrimination with the Postal Service, which denied the complaint as untimely, sparking this suit. In January of 1989 he had filed the grievance that led eventually to the arbitrator's decision that he also challenges.

[*191]5

If Miller's administrative complaint was untimely, his suit under the Rehabilitation Act is time-barred. Tyler v. Runyon, 70 F.3d 458, 463-66 (7th Cir.1995); Rennie v. Garrett, 896 F.2d 1057 (7th Cir.1990); McGuinness v. United States Postal Service, 744 F.2d 1318, 1320 (7th Cir.1984). The applicable regulation required a complainant to bring "the matter causing him to believe he had been discriminated against within 30 [now 45, see 29 C.F.R. § 1614.105(a)(1); Johnson v. Runyon, 47 F.3d 911, 915 n. 2 (7th Cir.1995) ] calendar days" to the attention of an equal employment opportunity counselor, unless he could show "that he was not notified of the time limits and was not otherwise aware of them, [or that he] was prevented by circumstances beyond [his] control from submitting the matter within the time limits." 29 C.F.R. §§ 1613.214(a)(1)(i), (a)(4). The "unless" clause codifies the two standard defenses to statutes of limitations--equitable estoppel and equitable tolling. A defendant who through misleading representations or otherwise prevents the plaintiff from suing in time will be estopped to plead the statute of limitations. This is equitable estoppel. But even when the defendant is faultless, if the plaintiff because of disability, irremediable lack of information, or other circumstances beyond his control just cannot reasonably be expected to sue in time, the statute of limitations will be tolled until he is able through the exercise of proper diligence to file his suit. This is equitable tolling. On both defenses, see Cada v. Baxter Healthcare Corp., 920 F.2d 446, 450-53 (7th Cir.1990).

6

Miller comes close to arguing that mental illness per se tolls statutes of limitations in all cases in which discrimination on the basis of that mental illness is the basis of the suit. This is tantamount to suggesting that there are no statutes of limitations in such cases, since most serious mental illnesses, such as mania, depression, and schizophrenia, are not curable, although they are treatable, and thus are lifelong affairs. With the recent generalization by the Americans With Disabilities Act of the strictures of the Rehabilitation Act to the economy as a whole, the suggestion that claims of discrimination against the mentally ill are subject to no time limitation has far-reaching implications for the liability of employers.

[*191]7

We see no reason, just because a suit alleges discrimination on grounds of mental illness, to depart from the traditional rule that mental illness tolls a statute of limitations only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them. Langner v. Simpson, 533 N.W.2d 511, 523 (Iowa 1995); Lawson v. Glover, 957 F.2d 801, 805 (11th Cir.1987); Helton v. Clements, 832 F.2d 332, 336 (5th Cir.1987); Dautremont v. Broadlawns Hospital, 827 F.2d 291, 296 (8th Cir.1987); Lopez v. Citibank, N.A., 808 F.2d 905, 906-07 (1st Cir.1987). Any other conclusion would perpetuate the stereotype of the insane as raving maniacs or gibbering idiots and impair their employment opportunities, thus stigmatizing Miller's own class. Most mental illnesses today are treatable by drugs that restore the patient to at least a reasonable approximation of normal mentation and behavior. When his illness is controlled he can work and attend to his affairs, including the pursuit of any legal remedies that he may have. The district judge's finding that this was Miller's situation throughout most of the period between the notification in April 1986 that he was being terminated for abandoning his job and his complaint to the equal employment opportunity counselor in December 1988, almost three years later, which stopped the running of the administrative statute of limitations, cannot be said to be clearly erroneous, and in fact strikes us as clearly correct. The thirty days expired in May 1986 and apart from a manic episode at the beginning of the following year, Miller was compos mentis for more than two and a half years before he complained to the counselor. If he could attend Chicago State University for two semesters, he could complain to an equal employment opportunity counselor. Cf. Helton v. Clements, supra, 832 F.2d at 336.

8

We could stop here, so far as the claim of handicap discrimination is concerned, were it not for our disquiet about the district judge's analysis, enthusiastically seconded by the government, of the merits of the discrimination claim (for remember that lack of merit was the alternative basis for the judgment in favor of the government). The judge made two points, that the defendant was not aware of Miller's handicap and that in any event the employer of a handicapped worker is never required, by way of accommodation, to transfer the worker to another job. We do not agree with either point. The repeated letters from the psychiatrist alerted the Postal Service to the fact that Miller was suffering from a mental illness. What is true, however, and shows that the judge's oversight is immaterial quite apart from the statute of limitations, is that the Postal Service did not fire Miller because of his illness. It fired him because even though his psychiatrist had pronounced him able to return to work, he did not return. Miller's superiors had no reason to believe that he was prevented from returning by his mental illness. Knowledge that an absent employee has an illness, even a serious and potentially disabling one, is not conclusive evidence that the absence is due to the illness. This would be obvious if Miller had had a heart attack, had been hospitalized for 10 days and convalescent for a month afterward, and then had been pronounced by his own doctors fit to return to work--and did not. This case is no different.

9

Unless his request for a transfer to another postal facility, seconded by his psychiatrist, shows that his mental illness prevented Miller from returning to his job at the O'Hare facility and, by showing this, obliged the Postal Service to make an effort to find him a similar job at another one of its facilities. The judge based his ruling that there is no duty to accommodate a disabled worker by transferring him to a different job on Fedro v. Reno, 21 F.3d 1391, 1394-95 (7th Cir.1994). But all that case holds is that the then current regulations (since changed, see id. at 1395 n. 5; 29 C.F.R. § 1614.203(g)) under the Rehabilitation Act did not require the employer to offer the disabled employee a different kind of job. The plaintiff in that case was a federal marshal who, unable because of illness to perform the duties of a marshal, asked to be made a criminal investigator. Miller, a postal clerk, did not ask to be given a different kind of job. He wanted the same job in a different facility of the same employer. Suppose that he had wanted simply to be transferred to a different floor of the Postal Service's facility at O'Hare and that the transfer could have been effected at no cost or inconvenience to the facility. We cannot think of any reason based on the Rehabilitation Act or otherwise for a rule that there is never a duty under the Act to allow such a transfer. A refusal to transfer in the case just hypothesized would be a case of arbitrarily discriminating against a handicapped worker. Alternatively--but equivalently, because the Rehabilitation Act imposes on federal agencies a positive duty of accommodation to any known physical or mental handicap of a qualified applicant or employee, as well as a purely negative duty of nondiscrimination, 29 C.F.R. § 1613.704; Fedro v. Reno, supra, 21 F.3d at 1394-95; Doll v. Brown, 75 F.3d 1200, 1203 (7th Cir.1996); Lyons v. Legal Aid Society, 68 F.3d 1512, 1514-15 (2d Cir.1995)--it would be a case of an employer's unreasonably refusing to adjust the conditions of employment to enable the handicapped worker to work. The regulations give "job restructuring" as an example of an accommodation that may sometimes be required. 29 C.F.R. § 1613.704(b)(2). A transfer to an identical job at a different facility of the same employer strikes us as rather a modest example of "job restructuring." Cf. Tuck v. HCA Health Services of Tennessee, Inc., 7 F.3d 465, 474 (6th Cir.1993); Arneson v. Sullivan, 946 F.2d 90, 92 (8th Cir.1991).

[*~192]10

But even if Miller's claim under the Rehabilitation Act may therefore have had some merit (which we need not decide), that claim is time-barred and we turn to Miller's challenge to the arbitrator's decision. The collective bargaining agreement required the employee to present any grievance to his immediate supervisor within 14 days of first learning of the conduct (an alleged violation of the agreement) giving rise to it. That would have been around the middle of May 1986. No grievance was presented until January 1989. The arbitrator rejected the grievance as untimely. As there is no contention that a different standard of equitable tolling should be applicable to a grievance proceeding from the standard applicable to an administrative or judicial statute of limitations, we think it apparent that the arbitrator ruled correctly. And if he did not this would not help Miller. An arbitrator's award can be set aside on a variety of grounds, but error is not one of them. This is the general federal rule concerning judicial challenges to arbitral awards, and is applied regardless of the statutory basis for the challenge. Brotherhood of Locomotive Engineers v. Atchison, Topeka & Santa Fe Ry., 768 F.2d 914, 921 (7th Cir.1985); Richmond, Fredericksburg & Potomac R.R. v. Transportation Communications Int'l Union, 973 F.2d 276, 281 (4th Cir.1992). In this case the statutory basis is the Postal Reorganization Act, which in 39 U.S.C. § 1208(b) confers federal jurisdiction over suits between a labor organization and the Postal Service (and the union was the nominal plaintiff insofar as the suit seeks to vacate the arbitrator's award). As the statute does not prescribe a standard of review if the suit is one challenging an arbitration award, we may assume, as have the other courts that have decided challenges under the Postal Reorganization Act to arbitration awards, that the usual, very narrow standard of review is applicable. American Postal Workers Union v. United States Postal Service, 52 F.3d 359 (D.C.Cir.1995); National Post Office Mailhandlers v. United States Postal Service, 751 F.2d 834 (6th Cir.1985). It is a standard under which Miller cannot possibly prevail.

11

This conclusion makes it unnecessary for us to decide whether the district court's finding (which we have upheld in this opinion) that Miller's claim of discrimination was untimely would in any event, by operation of the doctrine of collateral estoppel, bar him from obtaining a favorable award from the arbitrator. The cases are few, but all but one support the bar, though the majority of these involve res judicata in the sense of claim preclusion, rather than collateral estoppel (issue preclusion), and that may make a difference, as we shall see. The outlier is National Indemnity Co. v. Farm Bureau Mutual Ins. Co., 348 N.W.2d 748, 750-51 (Minn.1984). The cases supporting the applicability of res judicata or collateral estoppel are In re Y & A Group Securities Litigation, 38 F.3d 380, 382 (8th Cir.1994); Kelly v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 985 F.2d 1067 (11th Cir.1993) (per curiam); Miller Brewing Co. v. Ft. Worth Distributing Co., 781 F.2d 494, 498-500 (5th Cir.1986); Universal Underwriters Ins. Co. v. Shuff, 67 Ohio St.2d 172, 21 O.O.3d 108, 423 N.E.2d 417 (1981), and Microwave Antenna Systems & Technology, Inc. v. Whitney-Pehl Construction Co., 23 Mass.App. 25, 498 N.E.2d 1059, 1061-62 (1986)--plus dicta in our own Dickinson v. Heinold Securities, Inc., 661 F.2d 638, 644 (7th Cir.1981), quoted approvingly in Liskey v. Oppenheimer & Co., 717 F.2d 314, 318 (6th Cir.1983). Cf. Monmouth Public Schools v. Pullen, 141 Ill.App.3d 60, 95 Ill.Dec. 372, 489 N.E.2d 1100, 1103-05 (1985). The issue is left open in Local 863 Int'l Brotherhood of Teamsters v. Jersey Coast Egg Producers, Inc., 773 F.2d 530, 534 n. 2 (3d Cir.1985), and helpfully discussed in 4 Ian R. MacNeil, Richard E. Speidel & Thomas J. Stipanowich, Federal Arbitration Law: Agreements, Awards, and Remedies under the Federal Arbitration Act § 39.5 (1994).

12

It might seem that the scope of judicial review of arbitration awards is so limited that whether an arbitrator should or should not apply collateral estoppel would be academic, since error, as we have noted, presumably including an error in applying or failing to apply the doctrine of collateral estoppel, is not a ground for vacating the award. This is true when the issue arises in a challenge to the arbitrator's award. See R.M. Perez & Associates, Inc. v. Welch, 960 F.2d 534, 539-40 (5th Cir.1992); Marshall v. Green Giant Co., 942 F.2d 539, 550 (8th Cir.1991); Local 863 Int'l Brotherhood of Teamsters v. Jersey Coast Egg Producers, Inc., supra, 773 F.2d at 534. But if the party opposing arbitration on grounds of collateral estoppel asks the court to enjoin the arbitration before there is any award, or by simply refusing on the ground of collateral estoppel to arbitrate precipitates a motion by the other party to compel arbitration, the court will have to decide whether to refuse to order arbitration, which is a different question from whether to vacate an arbitration award.

13

The majority position reflects the view that the preclusive effect of a judgment is determined by the tribunal that rendered it. E.g., Brotherhood of Maintenance of Way Employees v. Burlington Northern R.R., 24 F.3d 937 (7th Cir.1994). The implication is that it would be up to the federal courts in this case to determine the effect of the district court's judgment on a subsequent arbitration. Given the contractual nature of arbitration, it can be argued that the preclusive effect of either a judicial judgment or an arbitration award on a subsequent arbitration should depend on what the parties agreed to. HRH Construction Corp. v. Bethlehem Steel Corp., 45 N.Y.2d 675, 412 N.Y.S.2d 366, 368, 384 N.E.2d 1289, 1292 (1978); Brotherhood of Maintenance of Way Employees v. Burlington Northern R.R., supra, 24 F.3d at 940. And then the court will decide as a matter of interpretation of the parties' arbitration clause (see Matterhorn, Inc. v. NCR Corp., 763 F.2d 866, 873 (7th Cir.1985)) whether the arbitrators can ignore a prior judicial judgment. But a distinction must be made between res judicata and collateral estoppel. The former precludes entire claims, the latter the relitigation of specific issues. When all that a party is seeking is not to bar but merely to constrain the arbitrator, he may not (or may--we cannot find a case) be able to obtain injunctive or other judicial relief in advance of the arbitration--relief designed to narrow the issues that the arbitrator may consider--and so may have to take his chances on persuading the arbitrator to apply collateral estoppel. Cf. HRH Construction Corp. v. Bethlehem Steel Corp., supra, 412 N.Y.S.2d at 366, 384 N.E.2d at 1290.

14

We need not pursue these interesting questions further in the present case. The answers would not change the outcome.

[*~193]15

AFFIRMED.