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Patsy Vs. Board of Regents of State of Florida
Cites for this judgment
- US Supreme Court
- Jun 21, 1982
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Patsy v. BoardSearch
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of Regents of State of Florida - 457 U.S. 496 (1982) U.S. Supreme Court Patsy v. BoardSearch
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of Regents of State of Florida, 457 U.S. 496 (1982) Patsy v. BoardSearch
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remedies, and remanded the case to the District Court to consider the adequacy of the administrative procedures. Patsy v. FloridaSearch
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remedies. On appeal, a panel of the Court of Appeals reversed, and remanded the case for further proceedings. Patsy v. FloridaSearch
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the question whether exhaustion should be required. This contention need not detain us long. Beginning with McNeese v. BoardSearch
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action should be dismissed where the plaintiff has not exhausted state administrative remedies. See Barry v. BarchiSearch
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King v. SmithSearch
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U. S. 416 (1967). Cf. Steffel v. ThompsonSearch
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that we should reconsider these decisions and adopt the Court of Appeals' exhaustion rule, which was based on McKart v. UnitedSearch
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a definitive formula for determining whether prior decisions should be overruled or reconsidered. However, in Monell v. NewSearch
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a guarantor of the basic federal rights of individuals against incursions by state power. As we recognized in Mitchum v. FosterSearch
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stated in his closing remarks that the bill was similar in principle to an earlier act upheld by this Court in Prigg v. PennsylvaniaSearch
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applied in deference to the superior factfinding ability of the relevant administrative agency. See, e.g., McKart v. UnitedSearch
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forums in the state and federal system, enabling the plaintiff to choose the forum in which to seek relief. Cf. Monroe v. PapeSearch
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competence to pursue this debate, suggest that legislative not judicial solutions are preferable. Cf. Diamond v. ChakrabartySearch
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Steelworkers v. BoulignySearch
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in petitioner's amended complaint. In her initial complaint, petitioner named FIU as the defendant. Relying on Byron v. UniversitySearch
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exhaustion is required where Congress provides that certain administrative remedies shall be exclusive. See Myers v. BethlehemSearch
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agency, and tailor the exhaustion rule to fit the particular administrative scheme created by Congress. See McKart v. UnitedSearch
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sufficient to justify a judicial decision to alter congressionally imposed jurisdiction. See Thermtron Products, Inc. v. HermansdorferSearch
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Unless the doctrine that statutes of limitations are not tolled pending exhaustion were overruled, see Board of Regent v. TomanioSearch
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the Board of Regents is an arm of the State for purposes of the Eleventh Amendment. Tr. of Oral Arg. 20. Cf. Alabama v. PughSearch
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U. S. 781 (1978). Compare Hopkins v. ClemsonSearch
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Agricultural College, 221 U. S. 636 (1911), with Florida Dept. of Health v. FloridaSearch
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that it may be raised by the State for the first time on appeal. Edelman v. JordanSearch
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in the sense that it must be raised and decided by this Court on its own motion. Cf. Mt. Healthy City Bd. of Ed. v. DoyleSearch
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no difficulty in concluding that on the issue of exhaustion, unlike the question of municipal immunity faced in Monell v. NewSearch
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the Court has not previously misapprehended the meaning of the 1871 debates in rejecting an exhaustion rule in McNeese v. BoardSearch
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general rule, judicially formulated, that exhaustion of administrative remedies is required in a civil action. Myers v. BethlehemSearch
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McKart v. UnitedSearch
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Myers v. BethlehemSearch
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action in federal court, Huffman Page 457 U. S. 519 v. PursueSearch
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should be stayed pending determination of state law issues central to the constitutional dispute. Railroad Comm'n v. PullmanSearch
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S. 522 -523, n. 5, presented more equivocal embodiments of state intent. For example, in Florida Dept. of Health v. FloridaSearch
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The same is true of the interstate compact involved in Petty v. Tennessee-MissouriSearch
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Bridge Comm'n, 359 U. S. 275 (1959). The decision in Kennecott Copper Corp. v. TaxSearch
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suits, and remanded to the District Court for consideration of the Board's Eleventh Amendment argument. Patsy v. FloridaSearch
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plaintiffs must exhaust available and reasonable administrative remedies. Patsy v. FloridaSearch
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to this Court's assumption of original jurisdiction in a suit brought against the State of Georgia. Chisholm v. GeorgiaSearch
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Court found that it had jurisdiction. The decision is said to have created a shock throughout the country. See Hans v. LouisianaSearch
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