How long is too long for a plaintiff to let her case sit before it can be dismissed for failure to prosecute? One year? Two years? Three? According to the U.S. Court of Appeals for the Third Circuit in Hildebrand v. Allegheny County, even three years of dormancy may not warrant dismissal of a potentially meritorious claim if there is no evidence that the plaintiff caused the delay or acted in bad faith.

Factual Background

Anthony Hildebrand was a detective in the Allegheny County District Attorney’s Office. Between 2005 and 2009, Hildebrand was a strong performer and had no significant issues at work. That changed in 2009, when Hildebrand was assigned a new supervisor—Assistant Chief Richard Ealing. According to Hildebrand, once Ealing became his supervisor, he and other employees started taunting him with age-based insults. Hildebrand also claimed that Ealing gave his work to younger employees and assigned him “meaningless busywork.” Hildebrand was eventually demoted and Ealing allegedly told him “he had gotten rid of old detectives previously and he was going to do the same to Hildebrand.”