1. Must a Plaintiff Exhaust State Administrative Remedies in Order to Bring a State-Court Lawsuit Under Federal Civil Rights Law?
- Author
-
Schwinn, Steven D.
- Subjects
Company legal issue ,Civil rights -- Cases -- Alabama -- United States ,Constitutional law -- Cases ,Unemployment -- Cases -- Alabama -- United States ,Appellate procedure -- Cases ,Government liability -- Cases ,Alabama. Supreme Court -- Cases ,Civil Rights Act of 1871 - Abstract
CASE ATA GLANCE Several plaintiffs sued the Alabama secretary of labor to force the state Department of Laborto act promptly on their claims for unemployment compensation. The plaintiffs sued in state court under 42 U.S.C. [section] 1983, a federal statute that authorizes plaintiffs to sue a person acting under color of state law for violations of the U.S. Constitution or federal law. The Alabama Supreme Court dismissed the case on the ground that the plaintiffs failed to appeal their claim through the department's administrative process before they sued in state court, as required by state law., Introduction Alabama law requires a plaintiff to appeal a denial of unemployment compensation through an administrative appeal process in the Department of Labor ('Department') before they appeal to state court. [...]
- Published
- 2024