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The doctrine of exhaustion of remedies prevents a litigant from seeking a remedy in a new court or jurisdiction until all claims or remedies have been exhausted (pursued as fully as possible) in the original one. The doctrine was originally created by case law based on the principles of comity.
Administrative Procedure Act (APA), 5 U.S.C. §§ 701–706 Cisneros , 509 U.S. 137 (1993), was a case in which the United States Supreme Court held that federal courts cannot require that a plaintiff exhaust his administrative remedies before seeking judicial review when exhaustion of remedies is not required by either administrative rules or ...
Williams v. Reed, 604 U.S. ____ (2025), is a decision of the United States Supreme Court holding that state laws requiring exhaustion of state administrative remedies are preempted by 42 U.S.C. § 1983 of the federal Ku Klux Klan Act when they prevent a state court from hearing claims challenging delays in the administrative process.
Ross v. Blake, 578 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that "special circumstances" cannot excuse an inmate's failure to exhaust administrative remedies before filing a lawsuit under the Prison Litigation Reform Act of 1995, [1] but clarified that inmates are required to exhaust only administrative remedies that are genuinely available. [2]
The House of Lords held that while a government department was entitled to make a rule or policy in exercising its discretion, it must be 'always willing to listen to anyone with something new to say' and to make an exception, [29] a principle akin to equity (mitigating strict legal rules) in administrative law.
The European Court of Human Rights requires the reviewing court to subject the original decision to "anxious scrutiny" as to whether an administrative measure infringes a Convention right. In order to justify such an intrusion, the Respondents have to show that they pursued a "pressing social need" and that the means employed to achieve this ...
In general, these remedies may be awarded when they would be authorized under the law of the state in which the federal court is located – a rare instance in which the Federal Rules of Civil Procedure, generally designed to promote uniformity of practice in the federal districts throughout the country, defer to state law.
The Prison Litigation Reform Act of 1995 requires a prisoner to exhaust "such administrative remedies as are available" before suing over prison conditions. [1] Timothy Booth, an inmate at the State Correctional Institution at Smithfield, Pennsylvania, filed a suit in District Court, claiming that corrections officers violated his Eighth Amendment right to be free from cruel and unusual ...