Exhaustion of State Administrative Remedies in Section 1983 Cases
20 Pages Posted: 21 Jul 2010 Last revised: 15 Jul 2018
Date Written: 1974
This comment focuses on exhaustion in section 1983 cases to determine whether a relaxed requirement is necessary or appropriate in terms of federalism, sound judicial administration, and the purposes of section 1983. The comment first examines the nature of the exhaustion requirement and the rationale for its application to state administrative rather than judicial remedies. Next, it considers relaxation of the exhaustion requirement in section 1983 cases, and examines the purposes of section 1983 in light of the rationale for exhaustion. The comment concludes that relaxation of the exhaustion requirement in section 1983 cases is not necessary to satisfy considerations of federalism or the purposes of section 1983, and suggests an alternative exhaustion requirement for section 1983 cases modeled on section 704 of the Administrative Procedures Act.
Keywords: Section 1983, 42 U.S.C. Section 1983, exhaustion of remedies, federalism, constitutional law
JEL Classification: K10, K23, K40
Suggested Citation: Suggested Citation