- FILE A PETITION
- AGENCY HEARING
- AGENCY INTERNAL
- PREVENTS PARTIES FROM
SEEKING RELIEF IN COURT
- ONCE AGENCY PROCEDURES ARE
EXHAUSTED THEN AGGRIEVED
PERSON CAN FILE COMPLAINT
WITH A FEDERAL COURT
- Federal law, for example, prevents a petitioner
from seeking federal relief where the state claims have
not yet been exhausted. Generally, the exhaustion
requirement permits state courts a "...meaningful
opportunity to consider the allegations of legal error."
The issue of exhaustion of remedies in a criminal law
case was before the United States Court of Appeals
for the Fourth Circuit in Harvey v. Horan.
- administrative non compliance
establishes capacity and standing
- comity (kom-<<schwa>>-tee).1. A practice among political entities (as nations, states, or
courts of different jurisdictions), involving esp. mutual recognition of legislative, executive, and
judicial acts. — Also termed comitas gentium; courtoisie internationale. See FEDERAL-COMITY
DOCTRINE; JUDICIAL COMITY. Cf. AB-STENTION.
“ ‘Comity,’ in the legal sense, is neither a matter of absolute obligation, on the one hand, nor
of mere courtesy and good will, upon the other. But it is the recognition which one nation allows
within its territory to the legislative, executive, or judicial acts of another nation, having due
regard both to international duty and convenience, and to the rights of its own citizens, or of other
persons who are under the protection of its laws.” Hilton v. Guyot, 159 U.S. 113, 163–64, 16 S.Ct.
139, 143 (1895).
Black's Law Dictionary (8th ed. 2004) , Page 805
- COMITY CLAUSE
Comity Clause.The clause of the U.S. Constitution giving citizens of one state the right to all
privileges and immunities enjoyed by citizens of the other states. U.S. Const. art. IV, § 2, cl. 1.
See PRIVILEGES AND IM-MUNITIES CLAUSE . [Cases: Constitutional Law 207. C.J.S.
Constitutional Law § 649.]
abstention. 1. The act of withholding or keeping back (something or oneself); esp., the
withholding of a vote. 2. A federal court's relinquishment of jurisdiction when necessary to avoid
needless conflict with a state's administra-tion of its own affairs. 3. The legal principle underlying
such a relinquishment of jurisdiction. Cf. COMITY; OUR FEDERALISM. [Cases: Federal Courts
41–65. C.J.S. Bankruptcy §§ 16, 40.]
Black's Law Dictionary (8th ed. 2004) , Page 26
TYPES OF ABSTENTION
Burford abstention.A federal court's refusal to review a state court's decision in cases
involving a complex reg-ulatory scheme and sensitive areas of state concern. Burford v. Sun Oil
Co., 319 U.S. 315, 63 S.Ct. 1098 (1943).
- Colorado River abstention.A federal court's decision to abstain while relevant and parallel
state-court proceedings are underway. Colorado River Water Conservation Dist. v. United States,
424 U.S. 800, 96 S.Ct. 1236 (1976).
- equitable abstention.A federal court's refraining from interfering with a state administrative
agency's decision on a local matter when the aggrieved party has adequate relief in the state
- permissive abstention.Abstention that a bankruptcy court can, but need not, exercise in a
dispute that relates to the bankruptcy estate but that can be litigated, or is being litigated, in
another forum. • In deciding whether to abstain, the bankruptcy court must consider (1) the degree
to which state law governs the case, (2) the appropriateness of the procedure to be followed in the
other forum, (3) the remoteness of the dispute to the issues in the bankruptcy case, and (4) the
presence of nondebtor parties in the dispute. 28 USCA § 1334(c)(1). [Cases: Federal Courts
- Pullman abstention.A federal court's decision to abstain so that state courts will have an
opportunity to settle an underlying state-law question whose resolution may avert the need to
decide a federal constitutional question. Railroad Comm'n v. Pullman Co., 312 U.S. 496, 61 S.Ct.
643 (1941). [Cases: Federal Courts 43, 46.]
- Thibodaux abstention (tib-<<schwa>>-doh). A federal court's decision to abstain so that state
courts can decide difficult issues of public importance that, if decided by the federal court, could
result in unnecessary friction between state and federal authorities. Louisiana Power & Light Co. v.
City of Thibodaux, 360 U.S. 25, 79 S.Ct. 1070 (1959). [Cases: Federal Courts 41, 43.]
- Younger abstention. 1. A federal court's decision not to interfere with an ongoing state
criminal proceeding by issuing an injunction or granting declaratory relief, unless the prosecution
has been brought in bad faith or merely as harassment. Younger v. Harris, 401 U.S. 37, 91 S.Ct.
746 (1971). — Also termed equitable-restraint doctrine. [Cases: Federal Courts 49, 51, 54.] 2.
By extension, a federal court's decision not to interfere with a state-court civil proceeding used to
enforce the criminal law, as to abate an obscene nuisance. See OUR FEDERALISM.
- Generally, the plaintiff suing a
government officer may not obtain
judicial relief if he has not first
exhausted his/her administrative
remedies. See Allen v. Grand Central Aircraft
Co., 347 U.S. 535, 553 (1954); Aircraft & Diesel
Corp. v. Hirsch, 331 U.S. 752 (1947).
is also required in
Federal Tort C laims
Acts suits, 28
U.S.C . § 2675(a),
Privacy Act suits, 5
U.S.C . § 552a, in
actions, and in
WAIVER OF THE DOCTRINE OF EXHAUSTION
Darby v. C isneros, 509 U.S. 137 (1993), holds that,
under the Administrative Procedure Act, 5 U.S.C . 704,
a person aggrieved by an agency action can seek judicial
review of the action without exhausting an available
administrative appeal, unless the agency's regulations
provide both (1) that the administrative appeal must be
taken, and (2) that during the pendency of the
administrative appeal the agency action shall be inoperative.
EXCEPTIONS TO APPLICATION
OF EXHAUSTION DOCTRINE
- AGENCY CANNOT SUPPLY ADEQUATE REMEDY
- AGENCY ACTION WILL CAUSE IRREPARABLE INJURY
- AGENCY HAS ACTED IN EXCESS OF STATUTORY AUTHORITY
- PURSUIT OF ADMINISTRATIVE REMEDY IS FUTILE
- ADDITIONAL EXCEPTIONS; CONTROVERSIAL
STAY OF EXECUTION OF
AGENCY ACTION PENDING
APPLICANT'S BURDEN OF SHOWING
THAT IN ABSENCE OF STAY HE
- WILL SUFFER IRREPARABLE INJURY
- IS LIKELY TO PREVAIL ON THE MERITS WHEN
FULL JUDICIAL REVIEW IS UNDERTAKEN
- STAY WILL NOT HARM THE PUBLIC INTEREST
- STAY WILL NOT HARM OTHER PARTIES
- Floating Topic
28 USC § 2675 -
Disposition by federal agency
as prerequisite; evidence
28 USC § 2675 -
Disposition by federal agency as prerequisite;
evidence _ Title 28 - Judiciary and Judicial Procedure _ U.S.pdf
DOCTRINE OF EXHAUSTION; STUDY GUIDE #2; HOW IT WORKS
By The Angry Jeweler; The Hennalady; Lisa Stinocher O'Hanlon
- WARNING; MAY CONTAIN OFFENSIVE LANGUAGE
- Floating Topic
HOW IT WORKS; IN PRACTICE
A person's specific rights and duties depend on the federal statute involved.
LAW OF AGENCY; ADMINISTRATIVE LAW
- PERSON IS REQUIRED TO FIRST GO THE AGENCY
WHICH ADMINISTERS THE STATUTES
- 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.
- DETERMINING; PROVING AGENCY
- APPLICABILITY OF THE EXHAUSTION DOCTRINE
- TO INDIVIDUALS
- TO CLASS MEMBERS
- TO STATE ADMINISTRATIVE REMEDY
- TO FEDERAL ADMINISTRATIVE REMEDY