2006-01-25_Dan_Cole_v._County_of_Hawaii_-_Order_Granting_Defendants_Motions_to_Dismiss

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Case 1:05-cv-00325-JMS-131VIK Document 35 Filed 01/25/2006 Page 12 of 24 ("Th[e] uniform limitations period applies, for example, to hostile work environment and wrongful termination claims under § 1981 that were made possible by the Civil Rights Act of 1991. However, [the plaintiff's Establishment Clause] claims were not made possible by a post-1990 statute or amendment and thus are not covered by § 1658's four-year limitations period." (Citations omitted.)). Because Cole did not file his Complaint until May 17, 2005, he cannot recover for any alleged wrongdoing that occurred before May 17, 2003. Cole's Second Amended Complaint contains the following factual allegations regarding events that have supposedly occurred since May 17, 2003: 1. In a report dated March 18, 2004, Paul Nash (an engineer with the County) provided the County Council with a report in which he admitted that in 2001 and/or 2002 he and Andrew Stout (from the United States Department of Agriculture) had provided the County Council with false information regarding the disposal of debris;' ' At the January 9, 2006 hearing, Cole clarified his assertions and explained that the 2004 report itself contained accurate information, and that the report thus indicated that the federal, state, and county governments knew in 2001 and 2002 that the contractor had not complied with the terms of the contract. 12