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Mccarthy Vs. Madigan
Cites for this judgment
- US Supreme Court
- Dec 09, 1991
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U.S. 140 (1991) October Term, 1991 Syllabus Mccarthy V. MadiganSearch
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Decided March 4,1992 While a federal prisoner, petitioner McCarthy filed a damages action under Bivens v. SixSearch
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promulgated by the Federal Bureau of Prisons before he may initiate a suit, pursuant to the authority of Bivens v. SixSearch
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granted certiorari to resolve a conflict among the Courts of Appeals.1 499 U. S. 974 (1991). 1 Compare Hessbrook v. LennonSearch
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F.2d 999 (CA5 1985) (exhaustion required), and Brice v. DaySearch
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F.2d 664 (CAlO 1979) (same), cert. denied, 444 U. S. lO86 (1980), with Muhammad v. CarlsonSearch
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kind of hearing or for the granting of any particular type of relief. 1984) (exhaustion not required), and Goar v. CivilettiSearch
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Brief any citation in this list with AI Studio
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Ibid., quoting Goar v. CivilettiSearch
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to any exhaustion inquiry is congressional intent. Patsy v. BoardSearch
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S. 496 , 501 (1982). Where Congress specifically mandates, exhaustion is required. Coit Independence Joint Venture v. FSLICSearch
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U. S., at 502, n. 4. But where Congress has not clearly required exhaustion, sound judicial discretion governs. McGee v. UnitedSearch
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prescribed administrative remedies before 145 seeking relief from the federal courts. See, e. g., Myers v. BethlehemSearch
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discretionary power or when the agency proceedings in question allow the agency to apply its special expertise. McKart v. UnitedSearch
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States, 395 U. S. 185 , 194 (1969). See also Bowen v. CitySearch
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could weaken an agency's effectiveness by encouraging disregard of its procedures. McKart v. UnitedSearch
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errors, a judicial controversy may well be mooted, or at least piecemeal appeals may be avoided. See, e. g., Parisi v. DavidsonSearch
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McKart v. UnitedSearch
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judicial consideration, especially in a complex or technical factual context. See, e. g., Weinberger 146 v. SalfiSearch
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to exercise the jurisdiction given them. Colorado River Water Conservation Dist. v. UnitedSearch
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West v. BerglandSearch
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Bowen v. CitySearch
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of New York, 476 U. S., at 484, citing Mathews v. EldridgeSearch
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prejudice may result, for example, from an unreasonable or indefinite timeframe for administrative action. See Gibson v. BerryhillSearch
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See also Coit Independence Joint Venture v. FSLICSearch
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Walker v. SouthernSearch
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Smith v. IllinoisSearch
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plaintiff may suffer irreparable harm if unable to secure immediate judicial consideration of his claim. Bowen v. CitySearch
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Aircraft & Diesel Equipment Corp. v. HirschSearch
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apply with less force when an individual's failure to exhaust may preclude a defense to criminal liability. Moore v. EastSearch
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par- 148 ticular type of issue presented, such as the constitutionality of a statute. See, e. g., Moore v. EastSearch
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U. S. 55, 63, n. 10 (1979) (quoting Gibson v. BerryhillSearch
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competent to adjudicate the issue presented, but still lack authority to grant the type of relief requested. McNeese v. BoardSearch
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Montana National Bank of Billings v. YellowstoneSearch
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where the administrative body is shown to be biased or has otherwise predetermined the issue before it. Gibson v. BerryhillSearch
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Association of National Advertisers, Inc. v. FTCSearch
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bias of Federal Trade Commission chairman), cert. denied, 447 U. S. 921 (1980). See also Patsy v. FloridaSearch
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rev'd on other grounds sub nom. Patsy v. BoardSearch
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provided that the underlying state prison administrative remedy meets specified standards. See Patsy v. BoardSearch
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and (2) where, in the absence of affirmative action by Congress, special factors counsel hesitation. Carlson v. GreenSearch
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likely to be unduly inhibited in the performance of their duties by the assertion of a Bivens claim. Carlson v. GreenSearch
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early notice of any claim, we have not been apprised of any urgency or exigency justifying this timetable. Cf. Yakus v. UnitedSearch
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of the administrative agency's authority to award relief counsels against requiring exhaustion. See Hillsborough v. CromwellSearch
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