Action against a city for inadequate pension fund time barred
McNamara v. City of Nashua, 10-1322, concerned a plaintiff's suit against a city for inadequate pension payments, alleging violation of Fourteenth Amendment rights under 42 U.S.C. section 1983, breach of contract, breach of the covenant of good faith and fair dealing, and fraudulent inducement.
In affirming the district court's grant of the city's motion summary
judgment, the court held that under New Hampshire law, the statute of
limitations for both personal tort and contract actions is three years,
and here, plaintiff's central problem is that he got his first pension
check in August 2001, but did not commence suit until more than seven